2022-R V BP-CONSPIRACY TO MURDER-CENTRAL CRIMINAL COURT

The victim was riding a pedal cycle when he was repeatedly stabbed by occupants of 2 cars who decamped armed with variety of machetes and other weapons. Both cars were later recovered, weapons were found, some with visible blood staining, later shown to be the victim’s. The attack was witnessed by local residents. The victim died at the scene but was revived by HEMS who performed open heart surgery in the street. The alleged motive was a gang turf war. Our client was said to be a member of the attacking gang, although resident elsewhere ,he had been cell sited in the area on days before the attack and at the time of the alleged offence. In addition his DNA was found in both of the cars used in the attack. We instructed DNA experts and argued transference. Our solicitor noticed an issue with the Crown’s expert cell site report. It omitted 2 vital calls made by our client at the material time. It undermined the contention that he was present in either of the attack vehicles. We advised a dismissal point and submitted an application to dismiss. The Crown offered no evidence following a review of the submissions we made.

2022-R v SA-MURDER/PERVERTING THE COURSE OF JUSTICE

There was a triple shooting in North London, one fatality. A planned attack by one gang travelling into another territory, in a stolen car with cloned plates to carry out the attacks. The allegation made against our client was that he assisted in the burning out and destruction of the murder car following the shooting. Although originally arrested , with several others for murder, he at aged 14yrs , was charged with perverting the course on justice. He was captured on CCTV buying petrol, immediately following the killing and shootings. The murder car was seen on CCTV to be abandoned and later found burnt out, destroying the forensics. We were successful at the first appearance in securing bail and managed to successfully persuade the court to retain jurisdiction in the youth court where the Crown argued that it was properly joined to the murder indictment and that the case should be sent to the Central Criminal court. We had trawled though the Unused material and discovered unused CCTV footage from a local resident’s home of the murder car remaining undamaged for hours, therefore the nexus between the buying of the petrol and the burning of the car was broken. We drafted a skeleton argument and lodged an application to dismiss the charge. On the day of the dismissal hearing, the Crown offered no evidence. We conducted all litigation and advocacy in house in this case.

2022 R v P – MURDER/MANSLAUGHTER Central Criminal Court

We were contacted by our client following his conviction aged 14 yrs old for murder, to advise regarding an appeal. In 2016 three persons were stabbed , one fatally, in Harrow. The Crown alleged a revenge gang attack in retaliation for other serious assaults. One evening P was present in a cab , together with others, who were armed with at least one zombie knife and latex gloves. The purpose of the cab journey was to hunt rival gang members in South Harrow and Harrow on whom to exact revenge. It was immediately clear to us that P required a mental health assessment. He was diagnosed with Autism Spectrum Disorder and Attention Deficit Disorder. We appealed the sentence and the Lord Chief Justice reduced his sentence. Having initially been unsuccessful in the Court of Appeal we were then successful in an application to the Criminal Cases Review Commission, who referred the conviction back to the Court of Appeal on the basis of fresh evidence. The court was persuaded that P had not had a fair trial, the new diagnosis itself may not have been sufficient , however P was a secondary party and another defendant in the earlier trial who was acquitted (also our client) had the protections in place of an intermediary as a vulnerable defendant, so there was a disparity. The Lord Chief Justice quashed the convictions. The prosecution sought a re-trial. P maintained his not guilty plea and following a trial was unanimously acquitted of murder and manslaughter by a jury at the Central Criminal Court in under 40 minutes.