In recent months KBG’s Criminal team have had numerous successes, as well as being instructed on some high profile and complex cases.
Nick Lewin recently successfully resisted an application to adduce as hearsay under the res gestae principle evidence of a complaint made within an hour of an alleged sexual assault. On the same occasion he successfully had excluded admissions by a defendant in a police interview on the basis of psychiatric/psychological reports as to the defendant's difficulties. A not guilty verdict resulted.
Michael Green recently secured an acquittal for a defendant charged with 3 counts of child abduction. He was alleged to have taken his young daughter to Spain without the girl’s mother’s consent. He was also charged with aiding and abetting another person, his partner at the time, to abduct her two children, by helping her take them to Spain as well. The defendant had been returned to the UK following extradition proceedings. He was in custody for a total of 8 months awaiting trial. He had always maintained that he had consent from his partner at the time to move to Spain. After a three day trial the jury acquitted him of all the charges.
Michael Brown is again instructed on a complex murder offence and is being led by our door tenant Joe Stone KC. The client is alleged to have repeatedly slashed his mother’s face, resulting in over 100 stab wounds. Michael is currently in the process of assimilating an extensive psychiatric history in the form of mental health records, MAPPA documentation, inmate prison and custody logs. The trial will invariably centre around complex psychiatric evidence and the defences of insanity/diminished responsibility.
In Truro Hollie Gilbery represented a defendant in a 3 day trial who was charged with a single charge of assault occasioning actual bodily harm. These proceedings had been hanging over him for 3 ½ years but after Hollie highlighted the various discrepancies within the complainant’s account and that the exact cause of injury was unclear, the defendant was acquitted after his trial.
Katie Churcher successfully defended a local university student accused of a serious sexual assault on one of his fellow students which dated back to 2021.After a four day trial at Plymouth Crown Court, Katie's client was acquitted on all counts. He is now able to continue his education and begin his career which would have been at risk if convicted.
Our current pupils Feleena Grosvenor and Georgina Stein-Hemings have added to our fantastic team. They continue to represent both defendants and the CPS in the Magistrates and Crown Court. Feleena has received glowing feedback from local, and national , defence solicitors along with the clients themselves. Georgina Stein-Hemmings, recently represented a defendant for the sentencing of an intentional strangulation of which they were found guilty after trial. The recent precedent, R v Cook , is used for the sentencing of such cases and places the starting point at 18 months immediate custody. This case centres on a domestic violence incident within a relationship where there was a prolonged attack. Georgina was able to ensure that her client was only given a 12-week suspended sentence, having provided mitigation and distinguished the case from that of R v Cook .This meant the client was able to avoid immediate custody despite the starting point in place.
If you would like further details about members of our criminal team please contact Colin Palmer (Senior Clerk) or Clare Aitken and Rebecca Shephard (Criminal Clerks) and they will be more than happy to assist.