David’s practice is principally prosecuting and defending criminal cases in the Crown Court and Magistrates' Courts; he acts for legally-aided and privately-funded defence solicitors, as well as government prosecuting agencies. He is a Grade 2 Advocate for the Crown Prosecution Service.
David is also instructed to advise on and undertake appellate work in the higher courts, as well as advisory work pre-charge and in relation to related areas such as professional discipline. He has considerable experience of undertaking large-scale disclosure exercises and PII reviews, in both civil and criminal cases, including for the SFO and, outside of the jurisdiction, for the Attorney-General of Jersey.
In the last year David has been instructed regularly in prison law cases; particularly Parole Board hearings for prisoners serving indeterminate sentences for public protection (IPP sentences).
David is also confident when dealing with instructions in civil cases having no connection to his criminal practice: he has, for example, accepted instructions in family and contract cases in the County Court, regularly advised insurance companies on employment disputes, and advised in relation professional discipline and licensing.
Defence Work
David has experience of successfully defending across the spectrum of criminal offences, including: dishonesty and fraud, violent and sexual offences, public disorder, weapons offences, drugs offences and driving offences.
Recent Defence Instructions Include:
R v M, Inner London Crown Court, July 2011
The defendant was charged with possessing an offensive weapon. The principal issue in the case was the admissibility of and explanation for admissions made at the scene. The defendant was acquitted by the jury.
R v C, Guildford Crown Court, June 2011
An appeal from the Magistrates’ Court, the case centred on expert evidence and evidence from family members testifying against the defendant. The essence of the defence case was that she had been “set-up”. The defendant was acquitted.
R v H and Another, Snaresbrook Crown Court, June 2011
The Crown’s case was that the defendants were professional car thieves. The case involved substantial legal argument on novel areas of bad character evidence.
R v C and Another, Snaresbrook Crown Court, May 2011
The defendant was charged with assault occasioning actual bodily harm as part of a joint-enterprise.
R v A, Wood Green Crown Court, January 2011
The defendant was charged with assault and theft in relation to a residential dispute.
R v M, December 2010, Inner London Crown Court
The defendant was charged with inflicting Grievous Bodily Harm on a 75 year old man in a public house in East London. Following examination of the victim the trial judge invited the prosecution to review the case and no evidence was offered.
R v B, November 2010, Inner London Crown Court
The defendant was charged with the handling of a motor vehicle stolen in a dwelling-house burglary. Following successful submissions by the defence that the conduct of the interview by two police officers was improper and should therefore be excluded under section 78 of PACE, the Crown offered no evidence.
R v B, November 2010, St Albans Crown Court
The defendant was charged with possession of a bladed article following an incident where a knife was brandished during an altercation in St Albans town centre.
R v A, November 2010, Central Criminal Court
The defendant was charged with theft from an employer involving the taking of goods over an extended period of time from a shop in Heathrow Airport. Following discussions with the prosecutor on the subject of continuity and secondary disclosure the Crown offered no evidence.
R v S, September 2010, Bournemouth Crown Court
The defendant was charged with a third domestic burglary. The evidence centred on the report of an expert in forensic science who had undertaken a comparison of shoe impressions left at the scene of the burglary with shoes seized from the defendant. In preparing for cross-examination of this witness David gained a detailed understanding of this area of forensic science and the statistical methods which underpin it.
Courts Martial
David is currently representing a Rifleman from 2nd Battalion, The Rifles, before the Military Court in relation to a lengthy period of absence without leave. The case involves interpretation of the Armed Forces Act 2006 and the consideration of expert psychiatric evidence.
Prosecution Work
David has prosecuted in the Crown and Magistrates' Court for Essex, Norfolk and London CPS, in addition to local councils, the National Probation Service and the former Revenue and Customs Prosecutions Office. He recently prosecuted an offence of causing actual bodily harm in the Norwich Crown Court (R v MP).
Health and Safety
David has recently been instructed to represent numerous Fire Authorities across the country in the private prosecution of offences contrary to the Regulatory Reform (Fire Safety) Order 2005. For example, in R v B, at the Carmarthen Crown Court, the defendant was convicted of 17 offences contrary to the above Order.
Appellate Work
R v South
Illustrative Current Instructions
R v A, Woolwich Crown Court
David is instructed to represent the defendant who is accused of using a golf club as a weapon in the course of a gang-fight.
R v R, Southwark Crown Court
David is instructed to defend in a substantial benefit fraud.
R v S, Snaresbrook Crown Court
David is instructed to defend in a case of attempting to pervert the course of justice
Disclosure
David is well versed in the disclosure regime under the CPIA and can advise on and undertake extensive disclosure exercises. David has been instructed by the SFO as disclosure counsel in the prosecution of an advance fee and ramping fraud. David is has also instructed by the SFO to undertake a review of potentially LPP material.
Road Traffic Cases
David is regularly instructed in road traffic prosecutions by a variety of solicitors, including specialist road traffic law firms, criminal defence solicitors and commercial law solicitors who have taken on the criminal cases of their business clients.
He has appeared for the defence in the full range of cases before the Magistrates’ Court, on appeal to the Crown Court and in jury trials. Cases have included: special reasons and exceptional hardship on sentence, technical challenges to the admissibility of evidence (breath samples, speed cameras, etc.), so called “hip-flask” cases, and careless and dangerous driving.
David has also prosecuted for the specialist traffic division of the CPS. He is able to offer well-informed advice both on the prospects of successfully defending a case and how best tactically to approach a trial.
Prison Law
David has regularly appeared at Parole Boar hearings to represent individuals applying for release and reclassification in the course of serving indeterminate sentences for public protection. He is familiar with both specific prison law and the public law implications of representing prisoners.
Licensing
David was recently instructed to advise a potential appellant in relation to the licensing of private hire vehicles. In preparing his advice he became familiar with the extensive and at times complicated regime in relation to the licensing of vehicles for hire.
He is well-placed to advise on licensing matters and appear at hearings having studied and written on regulatory law during a Masters programme, combined with experience as an advocate in criminal cases.
Publications
David recently contributed a chapter on expert evidence to the Fourth Edition of Rook and Ward on Sexual Offences, published in December 2010 by Sweet and Maxwell. He is currently under contract with LexisNexis to write a chapter on the subject of cross-boarder fraud for the publication, Fraud: Law Practice and Procedure. While a research associate at the University of Durham David contributed research to an article published in Public Law, 2006 on the Human Rights Act 1998 and its interpretation in the English courts.
