Practice Groups

Homicide, Manslaughter and Offences involving Serious Violence

Our members have an exceptional history of dealing with the most serious of crimes, for both the prosecution and the defence.
Chambers members are regularly instructed to defend and prosecute in cases as Leading Juniors, where the weight of the case requires two Counsel to deal with it.

Members have been instructed in cases involving;

• Murder
• Attempted Murder
• Conspiracy to Murder
• Manslaughter
• Infanticide
• Patricide and Matricide
• Causing death by dangerous and careless driving.

Examples of just a few of the recent cases, in which members of 9 KBW were instructed where the offence involved the death of a victim, or where people were subjected to serious violence, are set out below

R v JO and Others – Jonathan Mole Junior Counsel for defence in 4-handed murder case. 5 week trial at St Albans CC [2023]. The defendants and deceased all worked at a food packing centre. Following arguments between the deceased and the first defendant at work [which appeared to be rooted in cultural differences – each was from Eritrea but from different tribes] arrangements were made to meet in a local park. The deceased bought a set of knives from a supermarket en-route to the park. A knife fight took place during which both the first defendant and deceased received stab wounds – the deceased’s injuries proving fatal. The case involved contested pathological evidence, cell site evidence and had issues relating to cultural differences between the parties.

R v B (Canterbury) – Daniel Cohen for the defendant who was  alleged to have attempted to murder his wife by stabbing her in the back, without warning.  The defence at trial was that the entire incident was accidental, the defendant having tripped over a dog toy in the kitchen after scraping the contents of a chopping board into the bin, then stumbling into the complainant.  The case included contested expert pathology evidence.  The defendant was unanimously acquitted.  The case was covered by local media (www.kentonline.co.uk/ashford/...) and was also featured on "X" following an unusual request by the trial Judge for the defendant to demonstrate his evidence with the assistance of the Court Usher.
 
John Clifford prosecuted Attempt Murder case in which vulnerable elderly victim was stabbed several times in his own home, suffering serious injuries including a punctured lung. Pathologist and body mapping report on severity and causation of injuries. Defendant convicted of s.18 GBH with intent after trial. Convicted and sentenced under dangerousness provisions in Criminal Justice Act 2003 to 15 years imprisonment.

R v R, Central Criminal Court, 2023.Callum Morgan instructed as Led Junior in a trial for attempted murder where the defendant had driven into 4 unsuspecting young men. Defendant was a disqualified driver who had taken his father's SUV (without the knowledge of his father) driven to a pub where he got into an altercation with 2 individuals. The 4 victims (who were not involved in the altercation) were walking past and, the defendant mistakenly believed that they were associated with those who had assaulted him. Defendant got into his car, drove after the victims and ran into all 4 of them from behind at around 30 mph. He drove away from the scene (leaving them for dead) and was arrested later that day at Heathrow airport with a 1-way ticket out of the country. The defendant was convicted of s.18 offences and sentenced to life imprisonment.
https://www.bbc.co.uk/news...

R v DJ Jonathan Mole Junior Counsel for defence in murder trial. Issue of self-defence. During the trial expert evidence was given in regard to disputed pathological, blood spatter and toxicological evidence. The deceased was a former army soldier who had attended the defendant’s address with a number of others, the group having been at a local pub. Other than the deceased, the defendant and the defendant’s housemate, all others had left the premises by around 5am.  The deceased armed himself with a knife and came upstairs to the defendant’s bedroom [where the defendant was]. The deceased broke down the defendant’s bedroom door and a fight ensued. The deceased sustained 2 stab wounds to the chest which proved fatal. It was the Prosecution case that the defendant had knocked the deceased out and then inflicted the fatal wounds whilst the deceased was on the floor. The defence case was that the defendant had disarmed the deceased and the stab wounds were inflicted with the deceased still attacking him. The case involved complex blood pattern analysis expert evidence called by both sides with a view to determining where the deceased was when fatally injured. Both defendant and deceased had mixtures of alcohol and steroids in their systems which gave rise to expert reports relating to ‘roid rage’. Defendant acquitted

R v A Stephen Wells defended in a case of causing death by driving under the influence of drugs at Maidstone Crown Court. It was admitted that the defendant had cannabis in his system. The issues were whether that would have affected his ability to drive and whether he had driven carelessly. He was acquitted.

R v KR – Jonathan Mole Counsel for first of 7 defendants charged with conspiracy to kidnap a baby. 6 week trial at Woolwich CC.  The defendant’s partner had left the defendant’s home in Wales and returned to London, taking their baby son with her. She ceased all contact with the defendant and did not respond to attempts at mediation. The defendant travelled to London and along with his co-accused [one of whom also had a child with the defendant’s partner] planned to take the child back to Wales. An altercation took place between the defendant’s and his partner and her family during which the child was taken. The case involved significant disclosure issues relating to social services and also complex legal issues relating to parental responsibility and use of force.

R v W - John Clifford instructed to prosecute case of Attempt Murder where victim was stabbed in the head and neck. Pathologist instructed to assess proximity of wounds to vital organs. Extensive use of Graphics Package to illustrate movement of Defendant on CCTV to his hostel and of further possession of a knife a few days later.

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