Clare Hennessy

Call: 2009
Practice
 
Clare appears in courts across the South Eastern circuit, both prosecuting and defending. She has had a wide variety of trial experience, in both the Crown and Magistrates’ courts.  
 
Clare is often instructed to defend in cases such as robbery, burglary and domestic violence. Clare has also represented clients charged with sexual offences, benefit fraud and s 20 GBH. Clare has experience of handling vulnerable defendants and witnesses, such as children and those with mental health problems. 
 
In addition to defence work, Clare is a Grade 2 CPS Prosecutor, and regularly appears on behalf of the prosecution, including the Crown Prosecution Service, the Department of Work and Pensions and the National Probation Service. Clare has been instructed by the prosecution in relation to offences of dishonesty, Class A to C drug offences (importation and distribution) and violent offences.
 
Clare has recently appeared in the Court of Appeal. She was successful in arguing that the immediate destruction order passed by the Crown Court regarding a Staffordshire Bull Terrier, under s 3 of the Dangerous Dogs Act 1993, be replaced with a contingent one.
 
Between October and December 2010 Clare completed a ten week secondment at the Financial Services Authority, working as part of the disclosure team in a mulit-handed insider dealing case. As such Clare is well versed in rules under CPIA.
 
Clare has been briefed to work as disclosure counsel by the Serious Fraud Office in the Polly Peck International fraud case and also in relation to a large boiler room fraud prosecution. 
 
Clare is currently instructed as junior defence counsel in a DEFRA prosecution.   
 
Recent Trial Instructions
  • R v V, Huntingdon Crown Court: Successfully defended a “three striker” accused of possession with intent to supply Class A drugs. 
  • R v G, Huntingdon Crown Court: Successfully defended a man accused of ABH. Cross examination of the prosecution expert witness revealed the phone evidence the Crown were relying upon was based on a false premise. 
  • R v G, Harrow Magistrates’ Court: Successfully defended a teacher accused of assaulting a severely disabled child in her care.
  • R v B, Fareham Magistrates’ Court: Successfully defended a nurse accused of assaulting an elderly patient in her care.
  • R v R, Basildon Crown Court: Prosecution counsel in a five day perverting the course of justice case
  • R v N and S, Basildon Crown Court: Prosecution counsel in a multi-handed affray
  • R v E and N, Southend Crown Court: Prosecution counsel in a multi handed dwelling burglary
  • R v R, Chelmsford Crown Court: Defence counsel in a case of dangerous driving
  • R v B, Chelmsford Crown Court: Defence counsel in a section 20 GBH case
  • R v M, Oxford Crown Court: Defence counsel in a three strike domestic burglary. 
  • R v R, Basildon Crown Court:Prosecution counsel in a £40,000 fraud (theft from an employer) case
Road Traffic Expertise
 
Clare is often instructed in relation to driving matters, in both the Magistrates’ and Crown courts, and has a thorough knowledge of the rules relating to evidence and procedure in this area. Clare has successfully represented defendants at the Magistrates’ court and has won appeals against conviction and sentence. Clare had cross examined a number of expert witnesses. For example, in one recent case it became apparent through cross examination that the expert hypothesis was based on incorrect calculations. In another case, where the defendant was a bus driver charged with careless driving after knocking down an elderly lady, cross examination of the Crown’s expert witness led the bench to dismiss the case, as it was apparent there was a design fault on that particular type of bus. 
 
Clare has successfully argued for the imposition of a conditional discharge in cases of drink driving, and on numerous occasions has put forward successful exceptional hardship arguments in cases involving no insurance, speeding and driving without due care and attention.
 
Clare has written ten practice notes for Lexis Nexis, concerning a variety of road traffic offences.      
 
Other experience
  • Clare has undertaken pro-bono work advising on appeals to the Privy Council against conviction and life sentences passed in the Jamaican Gun Court. 
  • She has regularly attended Metropolitan Police training sessions to cross examine trainee police officers, to prepare them for giving evidence in court. 
  • Whilst at bar school Clare volunteered at the Prisoners’ Advice Service, providing legal advice and information to prison inmates across the country.   Clare was also an adviser at the City Law School Bar Pro-Bono Clinic. 
  • Clare has delivered seminars to solicitors on topics such as Road Traffic Law and Abuse of Process.
Career
 
2008 – BA Jurisprudence, Exeter College, University of Oxford
2008 – Secretary of the Oxford Union
2008 – Lord Justice Holker Award, Major Gray’s Inn Scholarship
2009 – Called to the Bar, Gray’s Inn
2009 – Winner of the Gray’s Inn Debating Competition
2010 – Runner up in the Gray’s Inn Pupils’ Advocacy Course
2010 – Completion of a 12 month pupillage, under the supervision of Jennifer Dempster and Tom Payne
Memberships
  • Criminal Bar Association
  • Southeastern Circuit
Clare Hennessy
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