1979
MA (Hons) Law at Magdalene, Cambridge
BVC at Inns of Court School of Law, London
Call:
2004 Gray's Inn
James is a specialist criminal practitioner. He combines Crown Court jury advocacy with advice and argument on more technical points.
Judicial Review
James has a particular interest in this uniquely useful area for criminal lawyers. He is always happy to advise those unfamiliar with the process of making or resisting an application in the High Court.
- R (on the application of Smith) v CPS [2010] EWHC 3593 (Admin): successful application in the High Court to quash a CPS decision to proceed to trial. The prosecution was deemed an abuse of process and an affront to justice.
- R (on the application of Birmingham City Council) v Birmingham Crown Court [2009] EWHC 3329 (Admin); [2010] 1 W.L.R. 1287; [2010] P.T.S.R. 1229; (2010) 174 J.P. 185; [2010] A.C.D. 34; Times, January 05, 2010: successful resistance to a High Court application to quash leave granted to two youths to appeal their ASBOs (see Criminal Law Week CLW/10/01/06)
Regulatory
James deals with cases involving both individuals and companies alleged to have committed offences contrary to an array of regulations.
- R v D & Another: defence of fast food franchise and manager in relation to kitchen hygiene
- R v Bashir: led in a Trading Standards case of international counterfeit clothing conspiracy operating on eBay
- R v Mossman: Maritime & Coastguard Agency cockling prosecution
- R v F & Another: due diligence defence of a limited company and director to allegations of import of counterfeit Honda motorcycle from China and its advertising for sale
- R v JF; led in an alleged criminal liability of members of an unincorporated association (golf club) for strict liability offences under the environmental regulations for an oil leak into a reservoir
- R v C: VHCC 11 handled allegation of operating and promoting a pyramid scheme
Inquests
James accepts instructions on inquests which touch on criminal proceedings, in particular where charges have already been brought or are under consideration.
- Re Dan Stephenson: jury inquest investigating the death of a young chef who suffered an epileptic fit in a commercial kitchen
Fraud, money laundering, dishonesty and confiscation
This is an area that forms a large part of James's practice. Offences range from straight burglary, thefts in breach of trust and benefit fraud through to complex and lengthy Fraud Act offences. Confiscation matters routinely involve allegations of jointly held assets (such as family homes held with spouses and ex-spouses), overseas assets and tainted gifts. He has advised clients after orders have been made as to how to vary orders and appeal them.
- R v Harris [2010] EWCA Crim 2515: Court of Appeal confiscation appeal of HHJ Ticehurst's judgement in which the assumptions on benefit were largely overturned
- R v Salter [2010] EWCA Crim 2429: Inconsistent verdicts appeal in relation to credit card fraud
- R v Davies: successful defence to fraud allegations based on the defendant's lack of beneficial interest in real property despite having full legal title
- R V Chan: multi-million pound VAT fraud and subsequent confiscation proceedings involving assets based in the UK, Hong Kong and mainland China
Drugs and related conspiracies
James routinely deals with drugs cases, including cases from street level supply & possession through to kilos of import quality cocaine. He has also represented foreign nationals with no English alleged to be involved in the cultivation of cannabis.
- R v Taylor: multi-kilo cocaine distribution case
- R v McIntosh: application to quash an indictment for want of evidence despite uncontested committal proceedings in a serious drugs and money laundering case
Violence, firearms, robbery and offences against the person
James has appeared in trails ranging from public order and criminal damage offences right through to the armed robbery of a drug dealer. Firearms work includes advising on the technicalities of minimum term cases. He also regularly advises on dangerousness.
- R v Gill [2010] EWCA Crim 1154: Court of Appeal reversal of a HHJ Lambert's finding of dangerousness after a plea on a basis to a crack house stabbing
- R v Booth: led in a VHCC multi-handed post-mortem allegation of care home neglect involving
- R v Francis: Section 18 use of a machete
- R v Parton: Section 18 attack with a metal bar
- R v G (a youth): branding allegation involving cross examination of a 6 year old complainant
- R v Caley-Knowles [2006] EWCA Crim 1611; [2006] 1 W.L.R. 3181; [2007] 1 Cr. App. R. 13; [2007] Crim. L.R. 61; Times, October 4, 2006: Criminal Cases Review Commission referral to the Court of Appeal involving historic convictions misdirected by the judge (see Criminal Law Week CLW/06/34/11 and Archbold at 4-411)
- R v H: vulnerable female defendant suffering from MS who was alleged to have technically assaulted a police officer who was arresting her in the course of a suicide attempt
Sex
James appear in cases involving the most serious allegations, both under the 2003 Act and historic provisions. He is used to dealing with cases involving vulnerable witnesses, including children.
- R v I: allegation of sexual assaults by a teacher; numerous child witnesses
- R v C: rape: issue of consent
- R v N: historic familial rape allegations from multiple family
