Lincoln House Chambers Thu, 18 May 2017 15:01:22 +0000 en-US hourly 1 Drugs Gang Imprisoned for Total of 37 Years Wed, 17 May 2017 10:38:13 +0000 Read more]]> A professional drug dealer who ran a professional drugs gang, supplying locations in Hampshire with class A drugs, has been jailed with his accomplices for a total of 37 years. Anthony Busutill, of Grange Park Road, Manchester trafficked cocaine and heroin from Manchester to Portsmouth and Havant before his gang sent out hundreds of ‘advertising messages’ to users. Tim Storrie acted for co-defendant, Charles Busutill, for Matt Corn, Olliers Solicitors, Manchester. Read the full story.

Suspended Sentence imposed in £1.5 million counterfeit toys trial – Dan Thomas & Marianne Alton defend Fri, 28 Apr 2017 09:34:30 +0000 Read more]]> Dan Thomas leading Marianne Alton obtained a Suspended Sentence after Blackpool Trading Standards secured convictions against their client, a Managing Director, for importing over 270,000 counterfeit toys worth over £1.5 million into the UK.

In passing what was recognised by the trial judge as an exceptional sentence in light of the Court of Appeal authorities, the trial judge made particular reference to evidence elicited during the cross-examination of the lead investigator regarding the client’s attitude and approach to the investigation.

In a case described by Trading Standards as one of the largest prosecutions of its kind nationally, Dan and Marianne were instructed by Jeremy Pinson, a specialist business crime consultant at Olliers Solicitors and David Phillips & Partners, due to their experience in civil Trade Marks matters.

Double Appeal Success for new tenant Lara McCaffrey Wed, 26 Apr 2017 13:31:36 +0000 Read more]]> Our newest tenant, Lara McCaffrey, was successful in two conviction appeals in one day at Manchester Crown Court, on Friday 21st April. The first appeal against conviction related to an offence under Section 4 Public Order Act, the second was based on racially aggravated public order offences and was successfully argued without the client being in attendance. Please see below for more details.

R v JC

It was alleged that the accused had committed an offence under Section 4 Public Order Act by way of kicking the complainant’s front door whilst she was inside of the property, shouting threats to commit violence against her and her partner.

The appellant had been committed for sentence by the magistrates’ court and was, almost inevitably, facing custody by virtue of the fact that the conviction put him in breach of a Crown Court suspended sentence order and he had a record of similar offending.

The defence case was that the complainant had fabricated the allegation out of malice after the appellant had spurned her sexual advances, and was cross-examined on this basis. The log of her initial call to the police was used to expose inconsistencies in her account which undermined her credibility.

The appellant was subsequently acquitted after trial. The Crown applied for a restraining order upon acquittal. Lara resisted the application, arguing that the requirements of Section 5A Protection from Harassment Act 1997 were not satisfied; the bench agreed with the submission and the Crown’s application was refused.

R v LD

The client was appealing her convictions for offences of racially aggravated and basic public order after it was alleged that she had been racially abusive to a taxi driver after colliding with his vehicle whilst under the influence of alcohol.

As the complainant did not attend court, The Crown applied to adjourn the trial and to issue a summons in order to secure his attendance on the next occasion.

Lara successfully resisted the application for an adjournment, citing the principles set out in the case of ‘Picton.’ The Crown was forced to proceed to trial and offered no evidence accordingly. Both charges were subsequently dismissed.

To view Lara’s full profile and CV, please click here.

Ged Doran and Emma Gilsenan secure stay of proceedings for an abuse of process for co-defendants alleged to have attempted to pervert the course of justice Wed, 26 Apr 2017 09:30:44 +0000 Read more]]> On 10 April 2017, Ged Doran, instructed by Farleys, and Emma Gilsenan, instructed by Matloob Ahmed of Forbes Solicitors, were successful in their joint application to stay proceedings as an abuse of process. The application was successful on the basis of substantial delay, significant ill-health issues of one of the co-defendants, contradictory submissions on behalf of the prosecution to proceed against co-defendants together or alone and proceedings having a “continuous and detrimental effect”, particularly in respect of the co-defendant with ill-health.

The case involved an alleged attempt to pervert the course of justice in respect of a purported meeting between two elder members of two separate families following the alleged stabbing of one of the younger members of the respective families. Despite the allegations, following the purported meeting the stabbing was reported to the police, charged and prosecuted, considered by the criminal courts and resulted in an acquittal.

Abigail Holt succeeds in obtaining compensation for the Estate of an asbestos-related pleural thickening victim. Fri, 21 Apr 2017 08:27:53 +0000 Read more]]> The Judge awarded damages against DEFRA for a marine engineer exposed to asbestos whilst working on government research ships in the 1950’s through to the 1980’s, following the authority of Jeromson [2001] EWCA Civ 101 and distinguishing the case from the line of authorities following the case of Williams v University of Birmingham [2011] EWCA Civ 1242.

Austin Welch and Freeman & Co Solicitors secure acquittal of company director accused of causing serious injury by dangerous driving Thu, 20 Apr 2017 14:28:21 +0000 Read more]]> Mr R, the director of a national recruitment company, had been accused of having fallen asleep at the wheel of his motor vehicle. Mr R’s vehicle had crossed onto the wrong side of the road and collided with an oncoming vehicle, causing serious injury to the other driver. Following a trial at the Crown Court at Carlisle, Mr R was found not guilty by a unanimous verdict of the jury.

Austin Welch represents national hotel and hospitality company in HSE asbestos prosecution Thu, 13 Apr 2017 15:51:15 +0000 Read more]]> Hatters Hostels Limited own a chain of youth hostels in Manchester, Liverpool and Birmingham. In 2014  the HSE conducted an unannouced inspection at one of the Manchester sites, the basement of which was being refurbished. No asbestos survey had been carried out and the company, and its sister company Hatters Taverns Limited, were prosecuted for breaches of the Control of Asbestos Regulations, section 2 HSWA and section 3 HSWA. The Prosecution had indicated that this was a case involving category 1 harm, being a high likelihood of death. Culpability was set at high. The sentencing starting point for a company the size of Hatters Hostels Limited would have been a fine of £250,000 and £160,000 for Hatters Taverns Limited 

 On behalf of the company, Austin made applications to dismiss the offences under section 2 and 3 HSWA as the HSE had failed to produce evidence of any material risk being created by the lack of any asbestos survey. Following this the HSE discontinued the case in respect of the section 2 and section 3 offences and re-catgorised the likelihood of harm as being ‘low’ and the case as being ‘harm category 3’. The companies pleaded guilty to offences under the Control of Asbestos regulations and in passing sentence the judge accepted that there was no evidence that the conduct of either company had actually endangered the health and safety of employees or others. A total fine of £34,000 was imposed.

 Austin was instructed by Addleshaw Goddard in this case.

 Austin Welch is regularly instructed to represent companies and individuals in health and safety prosecutions brought by the HSE and local authorities. He has particular expertise in representing clients in criminal prosecutions involving asbestos. Should you require advice or representation please contact David Wright, the senior clerk in Chambers.

Andrew Nuttall & DWF Solicitors secure acquittal of taxi driver accused of causing death of ballet star by careless driving Thu, 13 Apr 2017 10:30:21 +0000 Read more]]> On April 11th, Andrew Nuttall and Nina Lewis of DWF solicitors successfully secured the acquittal of Abdul Qayyum, a taxi driver accused of causing death by careless driving.

Mr Qayyum collided with the driver of a motorbike, ballet dancer star Jonathan Ollivier, who was travelling at over 50mph in a 30mph zone. This tragic case involved testimony from experts in relation to reconstruction of the scene of the accident.

Read more:

Lincoln House Chambers sponsors Crime Prize at the University of Law awards ceremony Wed, 12 Apr 2017 13:02:37 +0000 Read more]]> On the 23rd March, Lincoln House Chambers proudly sponsored the Crime Prize at The University of Law, Manchester awards ceremony.

The prize was presented by David Wright, Director of Clerking at Chambers, and was awarded to Peter McDonnell to commemorate outstanding academic performance in the subject area of Crime.

As well as the award, Peter will take advantage of a mini-pupillage within chambers. We look forward to seeing him again in July.

Chambers is delighted to announce the tenancy of Lara McCaffrey Mon, 10 Apr 2017 08:42:30 +0000 Read more]]> Lara McCaffrey completed pupillage in 2016 and has been in practice, in London, for just under a year.

Lara’s practice involves work across all areas of criminal defence. She represents clients in the magistrates’ courts and in the Crown Court and has experience of dealing with vulnerable individuals.

See Lara’s full profile and CV here.