James McCrindell 1993

Transcription

1 Profile James has been in practice exclusively as a criminal barrister since being called to the bar in 1993 and has extensive experience of defending individuals accused of the whole range of criminal offences. James also has considerable experience in the Court of Appeal and is instructed to appear at Inquests and Parole Board hearings. RECENT CASES 2017 Luton Crown Court Defended individual accused of rape allegations made by 2 complainants not guilty verdict on one count hung jury on remaining counts prosecution do not seek retrial so defendant acquitted of all offences Luton Crown Court Defended individual alleged to have had knife where prosecution witness alleged he had made threats to kill number of eye witnesses - defendant acquitted. Croydon Crown Court Rape trial public protection sentence imposed. St Albans Crown Court Appeared for one of 3 defendants accused of conspiracy to supply in excess of 100 kilos of cannabis in case which concerned covert police surveillance and cell site evidence Operation Roar conducted by the Eastern Region Special Operations Unit. Clerks@23es.com Primary Areas of Practice General Crime Professional Memberships Criminal Bar Association Honourable Society of the Middle Temple Benefactors Scholar Blackstone Major Entrance Exhibitioner Appointments Registered as a Pupil Barrister Supervisor. Conferences & Articles Speaker at seminars conducted for solicitors on criminal law and practice on subjects where he has particular expertise including DNA, bad character evidence, dangerous offenders, drafting defence statements and advocacy in criminal trials. Languages Fluent French

2 Southwark Crown Court Defended individual accused of racially aggravated harassment - defendant acquitted. Guildford Youth Court Defended youth accused of rape in certificate for counsel case ground rules - questions of complainant submitted in advance of trial defendant acquitted. Luton Crown Court Defended individual accused of historic sexual offences involving 2 complainants - defendant acquitted of all allegations after 2 trials. Kingston Crown Court Conspiracy to supply drugs which concerned quantities in excess of 5 kilos of high purity cocaine successful Newton hearing which found that quantity defendant concerned with less than a kilo of cocaine on a courier basis which led to a much reduced prison sentence than would have otherwise have been the case. Luton Crown Court Historic sexual offences involving 2 complainants. Luton Crown Court Multi defendant robbery and possession of knives - defendant acquitted of robbery. Luton Crown Court Defended wife accused of stabbing husband with intent to cause grievous bodily harm after discovery of alleged affair - defendant acquitted. Wood Green Crown Court Defended individual accused of rape and assault defendant acquitted of rape offence. Snaresbrook Crown Court Defended individual accused of aggravated burglary - defendant acquitted Wood Green Crown Court Historic robbery - innocent explanation for fingerprint at crime scene and mistaken identification - defendant acquitted. Northampton Crown Court Defended individual accused of historic sexual offences - defendant acquitted.

3 St Albans Crown Court Defended care worker accused of wilful neglect of person lacking capacity - defendant acquitted. Luton Crown Court Defended one of five defendants accused of drug supply - defendant acquitted. Kingston Crown Court Defended one of three defendants accused of attempted burglary - defendant acquitted. Isleworth Crown Court Appeared for first defendant of two - violent disorder grievous bodily harm with intent and wounding - incident involving fatality - prosecution accepted guilty pleas to violent disorder only and defendant received suspended prison sentence. Snaresbrook Crown Court Sexual assault by penetration - ground rules hearing and intermediary - defendant acquitted. Kingston Crown Court Sexual assault - defence of mistaken identity of complainant. Isleworth Crown Court Multi-defendant violent disorder at Notting Hill Carnival - cutthroat defences. Wood Green Crown Court Rape - cross-examination of complainant in relation to previous false allegation - defendant acquitted. Aylesbury Crown Court Multi-defendant conspiracy to burgle arising from major police investigation involving various strands of circumstantial evidence, including cell site evidence. Luton Crown Court Sexual trafficking - prosecution abandoned hearsay application and defendant pleaded guilty to brothel keeping and received suspended prison sentence. Education London School of Economics and Political Science Bsc (econ) Politics and History City University Diploma in Law Inns of Court School of Law Bar Vocational Course Milton Keynes Coroners Court Appeared for family of deceased at Inquest - cross-examination of medical experts re treatment of spinal injury. Isleworth Crown Court Grievous bodily harm with intent stabbing complainant became hostile witness and case proceeded on basis of hearsay and DNA evidence - defendant acquitted.

4 Blackfriars Crown Court Arson with intent to endanger life arising from failed suicide attempt - defendant convicted of least serious charge of attempted arson being reckless as to whether life endangered. Liverpool Crown Court Nurse accused of sexual assaults - defendant acquitted. Harrow Crown Court Defendant acquitted of stabbing neighbour - found not guilty of grievous bodily harm with intent at first trial in 2014 and not guilty of wounding at this second trial. Reading Crown Court Historic series of rapes - intermediary required. Reading Crown Court Attempted murder - prosecution accepted guilty pleas to wounding and threats to kill and defendant received sentence under the Mental Health Act Luton Crown Court Supply class A drugs - prosecution accepted guilty plea to permitting premises offence and defendant ultimately received suspended sentence. Blackfriars Crown Court Grievous bodily harm with intent stabbing - prosecution accepted guilty pleas to affray and bladed article offences. Snaresbrook Crown Court Indictment stayed on the grounds of abuse of process because of defendant s previous acquittal on linked allegation - Southwark Crown Court 2014 insurance fraud. HOMICIDE AND SERIOUS VIOLENCE James is instructed in murder cases including cases at the Central Criminal Court - The Old Bailey. James successfully defended juvenile accused of murder with a sub machine gun in case investigated by Operation Trident as led junior. James also successfully defended individual accused of the murder of his brother as led junior where by reference to domestic and European case law the trial judge ruled that a prosecution case based partly on hearsay evidence was unconvincing - this led to the acquittal of the

5 defendant by the jury at the trial judge s direction pursuant to section 125 of the Criminal Justice Act James has defended an individual accused of murder in prosecution authorised by Attorney General as led junior where this individual had previously been prosecuted for the same assault that gave rise to murder allegation [in that previous case as junior alone defended allegations of attempted murder and causing grievous bodily harm with intent before the Recorder of London at the Central Criminal Court - hung jury on attempted murder so Crown offered no evidence on that count - defendant convicted of lesser count of grievous bodily harm with intent]. Ultimately, the Crown accepted a plea to manslaughter and this individual was sentenced to a community penalty. James also defends as junior alone in cases alleging offences of attempted murder. As a leading junior, James successfully defended individual accused in multiple defendant kidnap for ransom case investigated by Scotland Yard s specialist kidnap unit. He also defended lead defendant in multi handed prosecution concerning series of kidnap and robbery with firearms offences investigated by the Bedfordshire and Hertfordshire Major Crime Unit. James has defended in many serious assault cases. SEXUAL OFFENCES James has defended in many cases involving serious sexual offences including stranger rape and cases involving historic allegations of sexual abuse. He has secured acquittal on all charges for defendant in historic abuse case after 2 trials and appeal to Court of Appeal. James has defended in complex trial which concerned allegations of sexual abuse which arose within a family where the evidence disclosed an extensive history of inter-generational abuse by a number of family members.

6 James has successfully defended an individual in four week trial which concerned allegations of human trafficking for the purposes of prostitution. He has also successfully defended a care worker accused of sexual offences - cross-examination of the complainant via an intermediary. James also has significant experience representing clients in cases alleging sexual offences involving learning disabled defendants and learning disabled alleged victims. He has experience of defending in cases involving allegations of possessing, distributing and making indecent images of children. As part of a case James prevented an application by the Metropolitan Police for a Sexual Offences Prevention Order on the grounds that his learning disabled client did not have the capacity to participate in legal proceedings. ROBBERY AND FIREARMS James has defended in all kinds of robbery case including robberies involving the use of firearms and large scale multi-defendant conspiracies. He has also been instructed in cases involving allegations of armed robbery investigated by Scotland Yard s Flying Squad. James has defended in multi-defendant case involving youths accused of possession of sub machine guns with intent to endanger life investigated by Operation Trident. He has also defended in a wide range of cases involving the use and possession of firearms. SERIOUS FRAUD AND ORGANISED CRIME James has been instructed in many major serious fraud and money laundering cases including Very High Cost Cases [VHCC s].

7 He has also defended in major prosecutions brought by the Serious Fraud Office, the Department of Trade and Industry, the Department of Work and Pensions and Revenue and Customs. James has successfully defended an individual employed by Department of Work and Pensions in 2 month trial concerning allegation of conspiracy to defraud by Department of Work and Pensions employees by manipulation of computer systems. James has been instructed in major multi defendant conspiracy to defraud investigated by Scotland Yard s Financial Anti-Terrorism Unit. He also defended lead defendant in Operation Maxim, a major forged passport factory case jointly investigated by Border Agency and Metropolitan Police. James represented one of the lead defendants in multiple defendant case involving conspiracies to supply Class A drugs, burgle and handle high value stolen motor vehicles arising from Metropolitan Police undercover infiltration of organised criminal networks. James has been instructed on behalf of individuals in cases arising from Metropolitan Police Operation Rize which concerned raids on safe deposit centres. He is experienced in defending individuals who face confiscation proceedings. Succeeded in preventing the confiscation of the assets of a limited company of which his client was sole director on the grounds that the corporate veil had not been pierced. DRUGS James has been instructed in many cases concerning the supply and importation of controlled drugs including cases investigated by the Serious Organised Crime Agency, Operation Trident and Revenue and Customs. James defended the owner of Britain s first cannabis café, the Dutch Experience, in high profile 4 week trial in Manchester where the defence advanced the defence of medical necessity.

8 James has previously been instructed in a major multi defendant cocaine importation conspiracy involving airside staff at Heathrow airport as led junior. PUBLIC ORDER James has represented clients in many public order cases, including cases that have arisen in the context of political protest. He has also been instructed in public order cases which have arisen in context of the Notting Hill Carnival, football tournaments, May Day protests and the Anarchist Book Fair. James has been instructed in cases alleging offences of violent disorder arising from the widely publicised eviction of travellers from Dale Farm. James has defended in a number of cases involving offences of violent disorder, arson and looting arising from the London Riots of August Successfully defended an individual accused of looting who alleged mistreatment by riot police. DRIVING OFFENCES James has experience of defending individuals in whole range of cases from minor motoring offences to causing death by dangerous driving. He has successfully defended individual accused of causing death by careless driving. PRISON LAW James is Instructed in Parole Board hearings.

9 INQUESTS James has experience of appearing at Inquests and advising interested parties on issues arising from Inquest proceedings. James has appeared at Inquest which concerned use of a hoist which had been the subject of a Health and Safety Executive investigation. JUDICIAL REVIEW James was Counsel for the Applicant in R v Miah ex parte Snaresbrook Crown Court, a widely cited authority, according to the editors of Criminal Law Week 01/09/08, on the subject of custody time limits. In this case, the Divisional Court held that routine listing difficulties could not be used to justify the extension of a custody time limit and consequently the Applicant was automatically released on bail following the expiration of the custody time limit. CRIMINAL APPEALS James has considerable experience of advising on and conducting criminal appeals having conducted many cases before The Court of Appeal. Appeal cases that he has been briefed on have concerned a whole range of issues including cases involving fresh evidence and investigations conducted by the Criminal Cases Review Commission. REPORTED CASES COURT OF APPEAL Bryant [2014] EWCA Crim 112 prison sentence for cannabis cultivation reduced on grounds that insufficient credit given for guilty plea. Devlin [2013] EWCA Crim 2263 firearms case concerning admissibility of partial DNA match evidence. Francis [2013] EWCA 2312 considered admissibility of criminal records of prosecution witnesses.

10 Matthews [2011] EWCA Crim 2011 successful out of time appeal reducing length of unlawful extended sentence for public protection. Aniakor [2011] EWCA Crim 527 case arising from police operation seizing criminal property held in cash deposit boxes. O Leary [2010] EWCA Crim 3199 case which concerned totality of sentence in respect of offender sentenced for offences of conspiracy to supply drugs and conspiracy to handle stolen goods. Hamer [2010] WLR (D) 235 and Archbold Review 4 November 2010 this case held that a fixed penalty notice issued pursuant to s.2 of the Criminal Justice and Police Act 2010 was not a conviction, admission of guilt, proof that a crime had been committed or a stain on the defendant s character, and therefore could not be regarded as evidence which impugned the character of the defendant or admitted as such. Hanson [2009] EWCA Crim 1554 appeal against sentence of detention for public protection for firearms offences. Denny [2009] EWCA Crim 1323 sentence of 30 months imprisonment halved to one of 15 months imprisonment for assault and bladed article offences by reference to sentencing guidelines. Mitchell [2008] [EWCA] Crim 308 case of attempted robbery of brothel and gang rape which considered the extent to which the Crown could re-examine a witness on matters which did not arise from cross examination. Ferguson [2008] EWCA Crim 2483 case concerning length of tariff imposed for grievous bodily harm offence for sentence of detention for public protection. Hirst [2007] EWCA Crim month sentence of imprisonment for 17 offences of possession of indecent images reduced to community order and sexual offences prevention order. Duggan [2006] 1 Cr. App. R. 3 a case involving a number of joined appeals which considered a variety of issues relating to the use of bad character evidence and which gives guidance on how juries should be directed in respect of bad character evidence.

11 Tryell [2005] EWCA Crim 3678 a case where convictions were quashed and a retrial ordered following investigations by the Criminal Cases Review Commission which concerned the possibility of jury bias and the calling of fresh evidence. Toothill [2005] EWCA Crim 2777 extended 5 year licence period further to a 9 year prison sentence quashed given lengthy prison term imposed. Lehal [2005] EWCA Crim 309 appeal against sentence concerning affray involving use of knife and axe in public place. Vafardar [2004] EWCA Crim year prison sentence for robbery reduced to one of 5 years imprisonment. Mohammed [2004] All ER (D) 540 (Mar) dealt with the issue of the validity of a defective indictment in respect of a conspiracy to defraud which concerned skimming credit card numbers. Nordine [2002] EWCA Crim 2338 a case which concerned the length of sentence for offences concerning assaults on public servants and the principle of totality of sentence. Grayson [2002] EWCA Crim 822 a case involving an offence of arson during May Day demonstrations in London which considered the issue of disparity of sentence. Burton [2002] 2 Cr. App R. 24 an appeal against sentence in international bond fraud case prosecuted by the Serious Fraud Office which dealt with issues relating to the calculation of extradition remand time. Joseph [2001] 2 Cr. App. R. (S.) appeal against sentence which concerned the long term detention of a 14 year old convicted of an offence of knifepoint street robbery. Kemp [2001] EWCA Crim 626 appeal against sentence resulting in reduction of length of prison sentence for an offence of possession of heroin with intent to supply. Faal (1999) Crim L.R. 833 convictions for offences of supplying crack cocaine to an undercover police officer quashed because of wrongful admission of cash found on defendant on arrest and wrongful

12 admission of rebuttal evidence called by prosecution after defendant had given evidence. Gallagher 02/20/05 Criminal Law Week. This was a Crown Court first instance decision which was reported because as a result of arguments advanced by the defence, the Crown Court ruled that the failure of the Crown Prosecution service to serve their case within time limits meant that the Criminal Proceedings were a nullity.