Criminal and Public Law Practitioner with common law experience
Called 2001. Lincoln's Inn.
Philip has specialist expertise in:
Proceeds of Crime and Fraud work
Prison law
Criminal offences involving fatalities; drugs; and violence; and Fraud
Anti-Social Behaviour Orders
Licensing
Local Authority prosecutions
Regulatory law
Summary
In his Prison law Philip offers advice on judicial review and civil damages claims including actions against the police, and undertakes representation at first instance and appellate level dealing with all manner of concerns that arise for prisoners including general conditions, visitation rights, re-categorisation, tariff review, recall and of course the conduct of and judicial review of Parole Board hearings, including specific complaints and matters of procedure of general application in the prison system. He also conducts prison disciplinary adjudications. Philip also handles civil claims for damages on behalf of prisoners in the High Court who complain of a breach of Article 5 of the ECHR or of unlawful imprisonment at common law.
In his criminal practice he practises in Crown Courts in London, on the South Eastern Circuit, and beyond, although Philip will accept instructions in private matters in the Magistrates Courts. Philip prosecutes and defends in criminal matters in roughly equal measure. He is particularly interested in human rights and public international law as aspects of his criminal practice. He also enjoys judicial review work and has experience of taking cases to the Court of Appeal in relation to both sentence and conviction, and to the Administrative Court, on behalf of both the Prosecution and Defence. He is a Grade 3 prosecutor permitted to undertake most cases at all levels of first instance and in the appellate courts.
Particular areas of specialist work include ASBOs, abuse of process (on grounds of delay, agents provocateur and unavailability of evidence in particular), confiscation hearings under the Criminal Justice Act 1988 and Proceeds of Crime Act 2002, Air Navigation Order offences, licensing prosecutions, condemnation proceedings and Police (Property) Act 1897 claims. He has also advised in applications for the writ of habeas corpus and has presented such claims to the Administrative Court. He has a background in civil law which he finds useful for the more unusual cases.
Philip also has extensive experience of dealing with defendants with mental health issues which are relevant to the offence, available defences and ultimate disposal, in the context particularly of arson, violent offences and murder, as well as in less serious matters (e.g. Matthew Sadler (18th March 2005, Daily Mail, The Sun, The Mirror) where a drink-drive automatism defence succeeded).
General areas of work regularly undertaken include offences of dishonesty including complex deception and conspiracy to defraud; robbery; violence including Section 18 GBH; public order; drugs conspiracies; racially aggravated offences; Firearms Act offences; arson with intent to endanger life; sexual offences (including defending in rape and sexual assault allegations, and prosecuting indecent assaults, sexual touching and sexual penetration); death by dangerous driving; and murder.
In 2006 Philip was appointed by the Attorney-General to the Unified List of Prosecution Advocates. This is the list of Counsel from whom the Health & Safety Executive, Environment Agency, DWP, RCPO, and the Department of Trade and Industry select advocates. He has worked for a number of these agencies over the last few years; as well as prosecuting for local authorities. Philip also defends in cases brought by the DWP, RSPCA, Environment Agency, Trading Standards, Customs & Excise, and District Councils.
Philip has also been instructed to defend as junior counsel on a double-murder charge, for which he secured the services of Queen‘s Counsel to lead him. The four week trial raised issues of intention, self-defence, provocation and diminished responsibility (Roszavolgyi).
Philip has also been instructed as junior counsel, and once again succeeded in obtaining further representation by Queen’s Counsel, for one of two co-accused facing charges of both conspiracy to rob and murder (Mustafa).
He has likewise been instructed as sole junior in relation to a five-hander conspiracy to supply drugs (six-week trial), where he also obtained additional representation by Queen’s Counsel (Simonson).
His two most recent murder briefs have also been to him as instructed advocate and he has again obtained the extension of representation to include also Queen's Counsel.
Examples of criminal trials contested at first instance:
Defending
Matthew Sadler 18th March 2005, Daily Mail, The Sun, The Mirror (drink-drive automatism defence (sleep-walking) succeeded)
DWP v Hawes conspiracy to defraud, 3-hander, 2 week trial at Oxford Crown Court (2005)
R v Butt, sexual touching of child, 4 days (acquittal at half-time; 2007)
R v Simonson and others six-week trial at Reading Crown Court (five-hander conspiracy to supply drugs worth ￡1.5million; 2007; and four days contested confiscation proceedings with Crown's application rejected at half-time, 2008) [http://www.thisisscunthorpe.co.uk/displayNode.jsp?nodeId=152553&command=displayContent&sourceNode=232468&home=yes&more_nodeId1=152562&contentPK=19336411; AND-
http://www.thisisscunthorpe.co.uk/displayNode.jsp?nodeId=152553&command=displayContent&sourceNode=232468&home=yes&more_nodeId1=152562&contentPK=19222361]
R v Roszavolgyi four-week trial at Reading Crown Court before a High Court Judge (double-murder) (2007)
See http://www.guardian.co.uk/crime/article/0,,1804959,00.html
http://www.observerunlimited.co.uk/print/0,,329513061-104770,00.html
http://news.bbc.co.uk/nolpda/ukfs_news/hi/newsid_5114000/5114964.stmhttp://news.bbc.co.uk/nolpda/ukfs_news/hi/newsid_5114000/5114964.stm
www.bucksherald.co.uk/ViewArticle2.aspx?SectionID=789&ArticleID=1998723www.bucksherald.co.uk/ViewArticle2.aspx?SectionID=789&ArticleID=1998723
http://www.aylesburytoday.co.uk/ViewArticle2.aspx?SectionID=789&ArticleID=1925797http://www.aylesburytoday.co.uk/ViewArticle2.aspx?SectionID=789&ArticleID=1925797 (names me)
R v Crowdy, possession with intent to supply class A (Aylesbury Crown Court, 2008)
R v Mutafa and another two week trial at Reading Crown Court (two-handed murder; 2008)
[http://www.thisislocallondon.co.uk/misc/print.php?artid=2021234]
R v Houghton, death by dangerous driving, four days, acquitted at half-time (Aylesbury Crown Court, 2008)
R v Saunders, rape, Harrow Crown Court, five days (2009)
R v Latus and others, 3-hander, possession with intent to supply class A, Winchester Crown Court (2009)
R v Gallagher Winchester Crown Court, two week benefits fraud case, 2009 (reported in tabloids)
Impending murder at Birmingham Crown Court (trial due December 2009)
Impending three-handed murder at Reading Crown Court (trial due April 2010)
Impending multi-defendant trial for conspiracy to facilitate illegal entry to United Kingdom and money-laundering (severed from first trial, trial now due February 2010)
Prosecuting
R v Donaldson, arson with intent to endanger life, five days, Wood Green Crown Court (2006)
R v Gregory, sexual penetration, Wood Green Crown Court (2006)
R v Tesfamichael and Tesfamariam, conspiracy to defraud, six days, Wood Green Crown Court (2006)
R v Lyefook death by dangerous driving trial at Wood Green Crown Court (12 days; 2007)
R v Cheng, death by dangerous driving, five-days (2007)
R v Phaedonos, possession with intent to supply class A ￡30,000, eight days (2008)
Selected appellate and Administrative Court cases:
Philip has considerable experience and expertise in appearing in the appellate courts for Defence and Prosecution, Claimant/Appellant and Respondent.
R v H [2004] All ER (D) 467 (Mar) (burglary sentence for youth; sentence halved)
Pankaj Patel [2004] EWCA Crim 1138 (appeal against conviction; hearsay; unfair trial process - for appellant)
Randy Tony [2005] EWHC 1865 (Admin); [2005] ALL ER (D) 189 (Jul); Lawtel Doc. AC9501214; Crimeline issue 143 (reinstatement of plea of Guilty where Newton issue only raised- for appellant prosecution)
Onasanya v London Borough of Newham [2006] EWHC 1775 (Admin); [2006] 4 All ER 459; [2006] All ER (D) 199 (Jul); Criminal Law Week CLW/06/32/04; Independent (C.S.) 2.10.06; Evening Standard 14.7.06; The Daily Express 15.7.06; Lawtel doc AC0111491; Crimeline updater issue 181, case and commentary. (street-trading motor vehicles)
Shaffiq Zaman [2005] EWCA Crim 3026 (robbery sentence, application to appeal; fresh evidence) [privately instructed for appeal only]
Andrew Wright [2005] EWCA Crim 891 (possession with intent to supply class A; sentence reduced from 3 to 2 years)
R v Stevens [2006] EWCA Crim 255; [2006] All ER (D) 23 (Feb), The Times 24th February 2006, [2006] 3 Arch. News 3 (April); Archbold 2007 at 5-886; (2006) 150 S.J. 167; 170 J.P.N. 595 (170 J.P. 362); [2006] Crim.L.R. 569; Lawtel Doc AC9300667; CLW/06/07/4; Crimeline issue 159 (5.2.06) and issue 163 (5.3.06). (principle of sentence for breach of ASBO where behaviour also contrary to general criminal law subject to lesser sanction)
R v Stevens (No.2) [2007] EWCA Crim 1128; Crimeline issue 224 (case and commentary); (2007) 171 J.P. 421 (report); (2007) 171 J.P.N. 420 (my article); CLW/07/31/9
R v Stevens (No.3) [2007] EWCA Crim 1456
Anthony Bignell [2006] EWCA Crim 69; [2006] All ER (D) 319 (May); Crimeline issue 173, 29.5.06 (approach to s116 PCC(S)A 2000 return to custody orders / totality principle - Appeal against Sentence allowed, 2 years nine months reduced to 2 years)
Darren Paramor [2007] All ER (D) 296 (Mar); [2007] EWCA Crim 1078
(Appeal against conviction and sentence).
Patricia Wagerfield [2007] EWCA Crim 2277 (theft from employer sentence) [appeared on application only]
Emerson Shaw [2007] EWCA Crim 1364 (burglary sentence)
Kevin Willington (sub nom Wellington) [2008] EWCA Crim 362 - (application to leave to appeal conviction dismissed; appeal against sentence allowed (2yrs reduced to 18 months; compensation order quashed)). [instructed solely for appeal]
Stuart McGibbon [2008] EWCA Crim 834 (appeal against sentence allowed, 5yrs reduced to 4yrs) [instructed solely for appeal]
Yuebond Cheng [2008] EWCA Crim 885 (appeal against conviction dismissed. Death by dangerous; fresh evidence. For Prosecution.)
R. (on the application of Seraphin) v Parole Board and Secretary of State for Justice [2008] Administrative Court; CO/10767/2007; April/May 2008 (breach of Art 5 ECHR and common law in parole refusal; discrimination between prisoners under sentencing regime; etc)
Jahangir Khan [2008] Administrative Court, unreported (certificate of inadequacy under Drug Trafficking Act 1994)
R v Simonson [2008] EWCA Crim 1362 (drugs conspiracy sentence appeal-disparity)
R v Lunkov [2008] EWCA Crim 1525; Lawtel doc AC0117957; [2008] All ER (D) 241 (Jul) (minimum term reduced from 10 years to 8 years) [instructed solely for the appeal]
R v Paul Bint [2008] EWCA Crim 2119 sentence appeal by man with 30 year career as fraudster, impersonated Queen's Counsel, and is known by tabloids as 'King Con' [instructed by Crown]
James Pearson v Secretary of State for Justice , application for writ of habeas corpus (SSJ admitted incorrect sentence calculation and released, with damages paid by consent)
R. (Bayliss) v Secretary of State for Justice and Parole Board [2008] EWHC 3127 (Admin); [2008] All ER (D) 120 (Nov); Crimeline Updater 290; Lawtel AC0119389; Blackstones’ Criminal Practice para. E4.5.
http://www.bailii.org/ew/cases/EWHC/Admin/2008/3127.html
Lord-Castle v DPP [2009] EWHC 87 (Admin) CLW 09/06/06; LTL AC0119722; Crimeline 294 [Commentary at 153 CL&J 86]
R v Heneke and another [2008] EWCA Crim 3233 (appeal against sentence for fraud of ￡200,000)
M v DPP [2009] EWHC 752 (Admin); [2009] All ER (D) 272 (Feb); LTL AC9501612. Crimeline issue 295; CLW 09/25/04; [2009] 2 Cr.App.R. 181(12) (CLW/09/25/4, 173 C.L. & J. 406); Blackstone’s Criminal Practice 2010 F8.38; [2009] Crim.L.R. 658 (David Ormerod) (views) (CLW/09/25/4, [2009] 2 Cr.App.R. 181(12), 173 C.L. & J. 406)
R v S [2009] EWCA Crim 714 (appeal against sentence for historic sex offences) [instructed solely for appeal]
R. (Salter) v Parole Board and SSJ [2009] EWHC 1497 (Admin); [2009] All ER (D) 297 (Jun); Lawtel doc. No. AC0121356 (challenge to Parole Board decision and procedures, and to future date set for next hearing)
R. (Bayliss) v SSJ and PB [2009] All ER (D) 230 (Jul); [2009] EWCA Civ 1016 (challenge to dismissal of judicial review and habeas corpus application consequent upon Parole Board decision and challenging test to apply to release from IPP sentence)
R. (Falconer) v Secretary of State for Justice [2009] EWHC 2341 (Admin) (challenge to categorisation decision for Cat. A murderer)
R v Heritage [2009] EWCA Crim 2041 (appeal against immediate imprisonment for cultivation of cannabis worth ￡27,000 allowed)
R (Gray) v Secretary of State for Justice and Parole Board [2009] EWHC (Admin) (delayed parole hearing and delay before future parole hearing)
R (Parratt) v Secretary of State for Justice [2009] EWHC (Admin)
(SSJ's interpretation of his own policy for offering pre-tariff reviews only to those with over 3-year 'tariff')
Mohammed Ali v Director of Public Prosecutions [2009] EWHC (Div. Ct)
(duties of police officers, breach of the peace, and resisting PC)
Appointments/memberships:
2006 appointed by the Attorney-General to the Unified List of Prosecution Advocates.
2009 Appointment extended.
Administrative Law Bar Association (http://www.adminlaw.org.uk)
Criminal Bar Association (http://www.criminalbar.com)
Young Fraud Lawyers’ Association (http://www.yfla.com)
Philip is also a member of the Bar Pro Bono Unit (www.barprobono.org.uk) and is a Sponsor of students at Lincolns Inn.
Philip is also listed as a Victim’s Advocate for the pilot scheme operating in murder and manslaughter cases allowing victim’s families to have their say (http://www.hmcourts-service.gov.uk/infoabout/victims_advocates/list_indep_barristers/list_indep_bar_london.htm)
Published Articles:
Regulatory/Licensing
Street Trading and Interpretation of s38 London Local Authorities Act 1990 (2006) 170 Justice of the Peace Journal 604 [170 J.P.N. 604]
Licensing Act Offences (2007) Entertainment Law Review Volume 18 Issue 7 (Sweet & Maxwell) 231; (2007) 171 JPN 50 (at p879) and 171 JPN 51 (at p899).
What it means to be an ambulance (2009) 153 C.L. & J. (Criminal Law & Justice) 86
(concerns regulations on vehicles being fitted with a siren, or blue beacon lights)
And Wilkinson’s Road Traffic Law Bulletin Vol 23 No9 March 2009
Proceeds of Crime
An alternative handler: offences under the Proceeds of Crime Act 2002 (2006) 170 Justice of the Peace Journal 884 [170 J.P.N. 884]
POCA or Handling? [2007] 1 Archbold News 5 (comments on decision in R. (Wilkinson) v DPP [2006] EWHC 3012 (Admin)).
Confiscation Orders: Criminal Justice Act 1988 - Enforcement and Extension of Time to Pay (2007) Vol. 171 Justice of the Peace 607; (2007) 151 Solicitors Journal 1178
Prison law and Sentencing
Unlawful Consecutive Sentences: Sentences of Less Than 12-Months’ Length Ordered to Run Consecutively to a Period of Recall Under The CJA 2003 (2008) 172 J.P.N. 499 (also included in Crimeline)
Time on Remand and Maximum sentences (sub editor’s nom: Once punished twice served?) (2008) 152 (35) Sol. Jnl. 18
Crediting the Time spent on remand subject to a curfew to custodial sentences: the impact of the Criminal Justice and Immigration Act 2008 (sub editor’s nom: Getting a full discount) (2009) 153 No 8 SJ p19
Anti-Social Behaviour Orders
ASBO "victim" Solicitors Journal [S.J. (2007) Vol.151 No.5 Page 151]
(comment on R. (on the application of Gosport LBC) v Fareham Magistrates Court)
Sentencing for Breach of ASBOs (2007) 171 Justice of the Peace Journal 420 [171 J.P.N. 420]
ASBO Sentencing, The Times (Law Supplement), 28th August 2007.
Other
The power to re-open the case in the “interests of justice” and Croydon (2009) 173 CL&J 213 (considering proper approach to s142 MCA 1980)
Viewing the Locus in Quo and Reconstruction of Events (2009) 173 CL&J 406