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Legal Aid Under Attack

PCT plans risk creating a system of state-sponsored miscarriages of justice http://www.lccsa.org.uk/news.asp?ItemID=48858

Under current proposals, the Ministry of Justice intends to introduce a system of cut price justice, removing the element of choice of representation, allocating whoever will do the job for the lowest price. If like us you believe in preserving access to justice for all, please sign the petitions below: http://epetitions.direct.gov.uk/petitions/48628 http://you.38degrees.org.uk/petitions/save-legal-aid-say-no-to-cut-price-justice

Total Sentence of 9 years Quashed

In house Barrister Clare Ashcroft appeared before Laws LJ, Mackay J and Sir Hugh Bennet at the Court of Appeal to challenge the totality of a 9 year Sentence for 9 offences, including Possession with Intent to Supply Class A Drugs and Possessing Criminal Property. Conceeding that the Client had not been given the appropriate credit, and that in totality the Sentence was too high, 4 of the 9 Sentences were quashed and substitued with reduced terms making a total of 7 1/2 years, of which the Client will be required to serve half.

£1 Million Pound Fraud

Represented by Crown Court Advocate and Partner Lee Wilcockson, the Client appeared before the Crown Court for an offence of Fraud from his Employer in Breach of Trust. Entering a Guilty Plea at the earliest opportunity, the Client was Sentenced to 42 months and no Order was made under the Proceeds of Crime Act.

Further Success in the Court of Appeal

Higher Rights Advocate Gavin Burrell appeared before the Court of Appeal despite having been refused leave by the single Judge, following on from the success of Richard Conley and Briony Clarke who acted on behalf of the Co-Defendants, previously reported in our Latest News. Having succesfully persuaded the full Court to Hear the Appeal, Gavin argued that a Sentence of 24 months Detention & Training for an offence of knife point Robbery was manifestly excessive. The Court of Appeal agreed and substituted a DTO for a period of 18 months, as well as making an Order for the Defendant's Costs to be paid.

107 Cannabis Plants Personal Use Only

Represented by Partner Peter Barlex, Client accepts Possession of 107 Cannabis plants, however maintains that they are for personal use and a Newton Hearing takes place on this issue. His Honour the Judge agrees with Mr Barlex that the Prosecution have not proved otherwise and the Client is Sentenced on his version of the facts. On this basis the Judge is also persuaded to impose a Community Order with Supervision, Unpaid Work and a Specified Activity for 12 days, instead of custody.

Fly-Tipping Asbestos

Higher Rights Advocate Briony Clarke, specialist in both Criminal & Regulatory matters recently appeared before the Crown Court on behalf of one of three Co-Defendants. All 3 were accused of fly-tipping large quantities of asbestos on a number of separate occasions as part of a commercial operation. Despite this, the Judge was persuaded to impose a Suspended Prison Sentence with one requirement that 200 hours of unpaid work be completed in the community.

Soldier Bites Ear & Escapes Custody

A Soldier appeared before Chelmsford Crown Court for striking a fellow Soldier in the face 3 times and biting his ear requiring 4 days in hospital. The Defendant entered a Guilty plea to ABH and following mitigation advanced by Partner Peter Barlex, received a Community Order with just 90 hours of unpaid work, saving his army career. The Defendant was also banned from entering civilian on-licenced premises for 6 months and ordered to pay compensation and a contribution towards costs within 6 months.

Postman Bitten by Dog - Not a Criminal Offence

The CPS were forced to withdraw their case against the owners of a dog who had bitten the postman when delivering their mail. THB successfully argued that the postman was not in a public place and therefore criminal proceedings were discontinued.

Suspended Sentence for Stabbing to the Neck

Client of the Firm appears before HHJ in the Crown Court for Sentence in respect of offences of ABH, Possession of an Offensive Weapon and Assault. The facts concern an incident during which the Client used a knife to stab the Aggrieved in the neck. Exceptionally, HHJ is persuaded not to impose immediate custody, but instead 14 months imprisonment suspended for 18 months with one requirement of unpaid work and Orders in respect of Compensation and Costs.

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