Andrew Lockhart QC Call: 1991 Silk: 2010 alockhart@st-philips.com Education: Kings College LLB (Hons) 1984 Judicial Appointments: Recorder - 2005 Areas of Expertise Crime Regulatory Memberships The Criminal Bar Association Midland Circuit Introduction The core areas of Andrew s practice in criminal law are in the prosecution and defence of the most serious offences of murder, manslaughter, health and safety related deaths, fraud, serious sexual offences and organised crime. He has particular expertise in the prosecution of multi-handed cases concerned with the large scale importation and supply of controlled drugs. Andrew has extensive experience in the use of material from foreign jurisdictions, European Arrest Warrants and extradition. His murder cases have ranged from domestic killings to high profile gang related shootings. Recently he has been involved in a number of multi handed cases of murder. He led in the prosecution of two youths, one as young as 14, for a double manslaughter by fire where complex issues relating to the cause of the fire arose. He has also been involved in several cases where the new partial defences to murder have been litigated. Andrew regularly receives instructions in cases of business and financial crime. He has experience of NHS fraud, large scale benefit fraud, missing trader fraud, long firm fraud and advanced fee consumer fraud. He also acts where breaches of Health and Safety legislation have led to death and in cases of gross negligence manslaughter. He regularly prosecutes complex regulatory matters. Aside from his huge experience Andrew is noted for his prompt and meticulous preparation of cases. Andrew is Recorder of the Crown Court and is authorised to try Serious Sexual Offences. He is an advocacy trainer for Lincolns Inn.
Murder and Manslaughter His murder cases involve domestic killings as well as multi handed cases and gang related shootings. He has litigated some of the first cases to be heard under the new provisions relating to the partial defences to murder. Andrew has wide experience in the prosecution of cases of gross negligence manslaughter and he has a working knowledge of the Corporate Manslaughter and Corporate Homicide Act 2007. R v Taylor [2012] Murder. Complex issues of pathology arose where a body lay undiscovered for 2 months. R v Dowds [2011] Murder (Diminished Responsibility) Stephen Dowds stabbed his partner 60 times and was found guilty of her murder. This was one of the first cases to come to trial under the new statutory defences of diminished responsibility and loss of control. Novel point of law argued. Subject of an appeal on the proper interpretation of diminished responsibility. R v Gregory and others [2011] Complex four handed knife murder. Street violence erupted leading to the stabbing of a man in Stoke on Trent. Issues of bad character between defendants arose. R v Adams [2011] Manslaughter. One of the first cases to come to Court under the new diminished responsibility provisions. R v Palmer [2010] Andrew defended a man accused of killing his wife, bludgeoned her to death. Complex issues of alibi and bad character argued. R v Downer [2010] Trial where the defendant had killed his new wife; this was but months after he had been released from a sentence of imprisonment for wounding a former girlfriend with intent. Issues of bad character arose. R v Winwood and Pass[2009] Trial of young adults of 19 and 14 for manslaughter relating to fire setting. Complex scientific issues arose around the causation of the fire. R v Day [2009] Prosecution of a young mother for offences of attempted murder and neglect. Complex medical evidence had to be evaluated. R v Birks [2009] Prosecution of a man who had murdered his wife and then set fire to the family home in order to cover up the crime R v Hollins. [2009] Led in the prosecution of this high profile case where a husband who had insured his wife s life for a large sum and then attempted to murder her by running her down in a car purchased for the purpose. R v Crow and Crow [2002] 2 Cr App R (S) 49. Having offered pre-charge advice Andrew prosecuted, as junior counsel, this case of gross negligence manslaughter against two farmers who, ignoring the plainest advice from the HSE, had allowed a young and inexperienced employee to use a JCB telescopic handler. Whilst using this on the public road he was crushed and killed in a wholly predicable RTA. R v Spree and March [2004]. The Prosecution of the directors of a company for gross negligence manslaughter. They had run their haulage business as a criminal enterprise organising their drivers to produce "ghost" tachographs and to drive vast number of additional hours. One of the drivers had become so fatigued that he had fallen asleep on the motorway and killed both himself and a number of other road users
Serious and Organised Crime Andrew has prosecuted a number of cases of murder and other offences relating to gang crime; one a case of murder where a notorious Birmingham gang had shot down and killed one doorman seriously injuring 3 others. He regularly acts in the prosecution of Serious Organised Crime Groups involved in the bulk importation and distribution of controlled drugs. The majority of his cases include issues relating to proactive policing, test purchase officers, undercover officers, informants, covert surveillance, complex disclosure issues and foreign intercept material. He regularly deals with substantial confiscation and money laundering hearings under the Proceeds of Crime Act 2002. Andrew has a detailed knowledge of the workings and operation of the Regulation of Investigatory Powers Act 2000 and all aspects of surveillance; he has recently lectured upon the topic. A number of his cases have involved the admission of evidence from accomplice witnesses. He has acted in cases of organised people trafficking by gang masters. He led in the prosecution of the first contested trial under section 145 of the Serious Organised Crime and Police Act 2005 concerning the activities of a group of animal rights activists. He has taken cases of serious drug related gang rapes. Significant Cases R v Grant and others [2011] -Prosecuted as an armed Robbery. Two men found guilty of robbery, kidnap and possession of a firearm with intent. The group had kidnapped a gang of cemetery staff, stolen a JCB which was then used to ram raid in the course of an armed robbery. Complex issues of bad character and DNA evidence arose. Gang related killings and violence Prosecuted (as junior) the case of R v Smith and others [2008] EWCA 1342 a case of murder where a notorious Birmingham gang had shot down and killed one doorman seriously injuring 3 others. This case is now a leading authority relating to identification from video material and joint enterprise. Defended in R v Farr [2006] a violent gang member who had kidnapped a wealthy businessman demanding a substantial ransom for his safe return. A police officer had been recruited to collect the ransom. Drugs R v Bridges [2011] 13 handed conspiracy to produce and supply cannabis. This case arose from the discovery of one of largest cannabis factories ever unearthed in the UK. R v Price, Adderley and others. [2010] The trial of 9 men for the bulk supply of cannabis. R v Heywood. [2009] Prosecution of a man who had absconded from the UK to Eire in 1997 in the currency of earlier proceedings for conspiracy to supply Class A drugs and serious violence. Arguments over the validity of the extradition had to be determined. R v Baillie and others. [2009] A 3 handed case where in excess of 15kg of high purity cocaine had been
R v Price and others. [2009] The trial of 5 defendants importing cocaine from Venezuela. R v Hussain and others. [2009] The trial of three men who had run a violent gang dealing in Class A drugs. R v Askew and others [2008] and R v McDonald and others [2006]. Acted for the prosecution in both of these cases where foreign telephone intercept material was ruled admissible to prove conspiracies to import large quantities of drugs from the continent. R v Jeremy, Letts and others [2007]. Conspiracy to supply 150kg of cocaine; this was the largest seizure of Class A drugs ever made in the Midlands. R v Williams and others [2007] Trial of three men who had run a drug dealing operation controlling the supply of drugs to Burton on Trent for 5 years and more. Sentences of 15 years were passed. Animal Rights R v Kirtley and others. [2008] Led for the prosecution in the first trial of offences under section 145 of the Serious and Organised Crime and Police Act 2005. The case concerned the activities of animal rights activists targeting an animal testing laboratory and its suppliers. Serious Sexual Offences Andrew has a wealth of experience both prosecuting and defending serious sexual offences. He has acted in cases where some of the more obscure offences under the Sexual Offences Act 2003 have been indicted. He has prosecuted a gang for multiple counts of rape against young men who had been drugged to facilitate the offending; this activity was deemed to be so serious that the lead defendant was sentenced to life imprisonment. Significant cases include R v Thompson [2010] The trial of a man who had raped two unconnected women both of whom were essentially strangers to him; the second complainant was 16 years of age. Issues of cross-admissibility of arose. R v Osbourne, Briggs and Davies [2007] Led in the trial of three men for a large number of different offences under the Sexual Offences Act 2003. The main offences alleged were the gang rapes of young men lured to the home of the principal defendant where they were plied with drink before being drugged and repeatedly raped. The majority of the victims had no idea that they had been raped. The main defendant had a trial and was convicted; he received a sentence of life imprisonment. An appeal against this sentence on the grounds that IPP would have been sufficient was rejected.
Business and Financial Crime Andrew has wide experience in the prosecution and defence of serious organised fraud. As leading counsel he has defended a very substantial fraud alleged to have been perpetrated against an NHS Primary care trust. Andrew has defended clients in a number of missing trader frauds. Representing local authorities he has prosecuted a number of cases of fraudulent home working schemes and fraudulent car sales schemes. He has acted for the prosecution against car clampers working in an organised and fraudulent manner. Andrew has considerable experience of money laundering offences and has prosecuted a number of such cases. Recent cases R v Southall and others. [2010] The prosecution, for conspiracy to defraud, of a group of wheel clampers operating in the City. As leading counsel Andrew successfully defended in the case of R v McManus [2010] where a senior manager of an NHS Primary Care Trust was accused of the fraudulent placing of some 500,000 worth of contracts. The case involved the analysis of huge volume of documentation including NHS procurement contracts. R v Hussain and Shabir. [2010] The prosecution of a very significant fraud upon HM Revenue and Customs. The defendants had fraudulently obtained some 90,000 in tax credits and failed to pay tax on some 300,000 of income. Money laundering offences were also alleged. Confiscation orders ran to the tune of some 500,000. In R v Hill [2009] Andrew defended the main defendant in a multi-handed case where several separate conspiracies were alleged. The case concerned a large number of substantial fraudulent insurance claims amounting to some 500,000 in respect of high value vehicles. R v Williams [2009]. Led for the prosecution in a case where in excess of 250,000 had been passed through a bogus bureau de change. R v Joof and others. [2007] Led for the prosecution in the prosecution of family members where they had become involved in complex schemes to launder the proceeds of the drug trafficking. Restraint and Confiscation Andrew is recognised as one of the leading experts on confiscation in the Midlands and has conducted a large number of contested hearings under all aspects of the relevant legislation. Across the last years Andrew has acted in cases where many millions of pounds have been confiscated from defendants following their convictions for relevant offences. His approach to the intricacies of the legislation is both forthright and practical.
Significant cases R v Hussain and Shabir. [2010] This case involved the prosecution of a very significant fraud upon HM Revenue and Customs. The defendants had fraudulently obtained some 90,000 in benefits and failed to pay tax on some 300,000 of income. Money laundering offences were also alleged. Confiscation orders ran to the tune of some 500,000. R v Hill [2009] Acted for the defence in this insurance fraud where the making of a very large confiscation order was resisted. An application for confiscation in the sum of in excess of 300,000 was reduced to 100,000. R v Jeremy, Letts, Askew and others [2008] these conspirators were in the process of distributing some 150 kg of high purity cocaine. The drugs were valued at in excess of 12,000,000; it was plain that they had cost at least 3,000,000 to purchase. The two principal defendants denied any significant wealth and the existence of hidden assets. A three day hearing led to orders in the case for the confiscation of some 2,225,000. R v Hetherington and others [2008]. Following convictions for offences of conspiracy to supply drugs of all 3 classes; confiscation proceedings took place against the principal defendants. Some 400,000 of criminal property was confiscated. R v McDonald, Reid, Snape and others [2008]. Convictions for the importation of very large quantities of cannabis led to confiscation orders against all defendants. One defendant had invested his proceeds in a string of properties; all of his assets had been the subject of restraint from the time of his arrest. Total orders made exceeded 900,000. Regulatory Health and Safety Andrew s health and safety practice concerns the most serious breaches of the legislation where death or serious injury has resulted. He has prosecuted a family undertaking where breach of section 3 of the Health and Safety at Work Act and a number of the gas regulations led to the death of a tenant. Andrew prosecuted two farmers in respect of the death of a 16 year old employee crushed to death by a piece of farm machinery in a wholly predictable accident, one that had been warned against during an HSE inspection. Sitting as a Recorder Andrew has sentenced a large Company in respect of a breach of the legislation where an employee was crushed to death in a brick factory. Significant cases R v Hussain [2008] An HSE prosecution of a landlord for offences under section 3 of the Health and Safety at Work Act and under the Gas Regulations. A landlord running a number of family properties as an undertaking wholly failed to have in place any system for the inspection and servicing of gas appliances. In due course one of his tenants had died of carbon monoxide poisoning as a result of his default
Trading and Consumer Standards Andrew regularly prosecutes and defends in cases with a consumer angle; based on his wealth of experience in trading standards he has conducted a number of high profile prosecutions for local authorities throughout the Midlands. He has conducted cases both under the Trade Marks Act and the Copyright Designs and Patents Act. He has particular expertise in the prosecution and defence of large scale frauds being perpetrated by organised criminals against the community these include: bogus home working schemes, fraudulent car sales schemes and fraudulent wheel clamping activities. Significant cases R v Southall [2010] Prosecution for Birmingham City Council of a long running multi handed conspiracy to de fraud motorists by wheel clampers. R v Translink [2002] International. Prosecution for Wolverhampton City Council of the directors of this fraudulent car sales scheme set up to defraud many thousands of motorists who wished to sell their cars. R v Gleeson [2002] 1 Cr App R (S) 1. Andrew prosecuted this case under the Trade Marks Act where counterfeit CDs were being produced on an industrial scale. It is now one of the leading sentencing authorities for offences under the Act. Sports work before disciplinary and governing bodies Andrew sits both as a Chairman and as a panel member on the Rugby Football Union Disciplinary Panel. These panels, convened by the RFU, deal with cases of indiscipline on the field of play. The role as the Chairman is to advise the other two members of the panel on the Laws of the Game as they apply to the facts and the disciplinary procedures to be applied in each case. The Panels deal with cases both at first instance and on appeal from lower disciplinary bodies such as Regional Panels. Some of the cases before involve on-pitch violence at matches where there have been many thousands of spectators. Interests: Watching Rugby, Sailing, Military History. Practice Manager Details: Joe Wilson T: 0121 246 2136 F: 0121 246 7001 E: jwilson@st-philips.com