Kate Lumsdon Essex Street London WC2R 3AA General Crime

Transcription

1 General Crime Kate Lumsdon is a senior junior of 20 years call who has practised on the Western Circuit for many years and now is working primarily in London. Kate prosecutes for CPS London s Special Casework Unit and RASSO (Rape and Serious Sexual Offences) in London, Hampshire and Berkshire. She defends serious sexual offences, violence, complex fraud, money laundering and corruption, and a wide variety of other offences across the country. In 2011, Kate led for the defence in one of the first prosecutions under the Mental Capacity Act Her lay client, the owner of a care home, was prosecuted following an investigation by the Care Quality Commission for neglecting her elderly clients, or service users. There were complex issues as to capacity and the definition and proof thereof; also the quagmire of constantly changing regulation in this area. The Court of Appeal, allowing the appeal against conviction on different grounds, observed that unconstrained by authority they would be minded to accept her submission that the offence, tacked on to an Act of Parliament with a wholly different purpose, was so vague that it fails the test of sufficient certainty at common law and under Article 7.1 ECHR, however they were bound by a recent CA case which had interpreted the definition in question: R v Hopkins and Priest [2011] EWCA Crim Kate wrote an article about the case published in Archbold Review August 2011: Prosecutors: Beware the Mental Capacity Act 2005 Led by Michael Sayers QC, she defended a former soldier in the high profile case of R v Wragg, (Lewes Crown Court) where the defendant smothered his terminally ill son; the defence was diminished responsibility relying on a diagnosis of combat stress disorder as a type of adjustment disorder. She subsequently made a submission to the Law Commission (Final Report Murder, Manslaughter and Infanticide ) on the subject of mercy killing. Kate has particular experience in dealing with cases involving young children, both as witnesses and as defendants. She has regularly conducted cases with intermediaries, both for prosecution witnesses and for the defendant where disabilities meant that participation in the trial process was otherwise impossible. Counsel s Clerk RichardFowler@23es.com NathanLeeWalsh@23es.com Primary Areas of Practice General Crime Fraud & Financial Crime Advocacy Panels Western Circuit Grade 4 Prosecutor CPS London Grade 4 Prosecutor CPS South East Grade 4 Prosecutor CPS Rape Panel Publications Archbold Review August 2011: Prosecutors: Beware the Mental Capacity Act 2005 The Criminal Lawyer: Venire de Novo Professional Memberships Western Circuit Criminal Bar Association: Committee Member Western Circuit Representative Middle Temple (Blackstone Scholar)

2 Reported Cases: R v Hopkins [2011] EWCA Crim 1513 (flaw within Mental Capacity Act 2005 acknowledged: appeal allowed on other grounds) R v Allen [2010] EWCA Crim 1623 (CCRC investigation into alleged jury irregularity) R v Chaney [2009] EWCA Crim 21 (Hampshire Police Guidance on identification procedures involving CCTV approved) R (on the application of H) v South and South East Hants Youth Court (CPS interested party) [2006] EWHC 1147 (Admin) (appearing for the CPS as amicus in case involving inappropriate committal of child to Crown Court for trial. Seminars & Training Convicting Rapists and Protecting Victims re proposed law reform, seminar given to Hampshire Solicitors and CPS Using the Criminal Law in Civil Disputes for Healys Solicitors Fraud Seminar Advocacy Trainer Oxford Brookes University R v Booth & Others [1999] Crim L R 144 (the pleading of arson within an indictment as criminal damage renders an indictment a nullity; a new trial would follow using the principle of venire de novo) Recent Cases for the Defence Rape and serious sexual offences; other offences against children and vulnerable adults. Kate has many years experience in this field, prosecuting and defending the most serious allegations. She is comfortable dealing with young and otherwise vulnerable witnesses and defendants. R v B (Nov 2012) Defending complex historical rape, led by Courtenay Griffiths QC. R v S (Oct 2012) Defending elderly man charged with historical child abuse. R v Rushton (June 2012) Instructed by Hampshire solicitors Defending woman accused of burning her daughter R v H (April 2012) Instructed by Sussex solicitors Defending elderly man accused of historical sexual offences against his daughter

3 R v T (April 2012) Defending a young man charged with possession of indecent images of children. Issues as to whether the images were on his computer in an accessible form and whether they were downloaded deliberately. R v P (Feb 2012) Instructed by County Durham solicitors Defending man charged with series of rapes against his stepdaughter R v B (Jan 2012) Instructed by Hampshire solicitors Defending a man accused of raping his stepbrother when they were children. R v J & Another (Oct 2011) Instructed by Rotherham solicitors Defending a man accused of raping his children R v S (2011) Instructed by Liverpool solicitors Defending a man who was alleged to have raped a young girl he and his wife had just adopted. R v Hopkins & Another (2011) Instructed by Hampshire solicitors Defending owner of care home accused of neglecting those in her care. Complex issues as to the nature of the offence and the effect of regulatory activity on the performance of staff at the home. Fraud and Financial Crime Kate has experience in a wide range of fraud cases. She is able to grapple with and digest a large amount of paperwork while presenting it to the jury in a way they can understand. R v Be Boer ( ) Led by HHJ Christopher Kinch QC Defending broker in a complex corporate finance fraud ($38m) involving the sale of a large Nigerian telecommunications company. R v Redwood (2009)

4 Led by James Leonard, Outer Temple Defending MD of lift contractor charged with local authority fraud and corruption. Armed robbery Kate is familiar with cell site evidence, telephone and Blackberry evidence, its capabilities and limitations, together with the ability to present it to the jury. R v W & Others (April 2012) Defending in multi-handed conspiracy to commit strangulation robberies in South West London. Led by John Price QC. Homicide R v Wragg Instructed by Sussex solicitors Defending former soldier charged with murdering his terminally ill child. Led by Michael Sayers QC. Defence of manslaughter by diminished responsibility, based on combat stress disorder. Recent Cases for the Crown: Rape and serious sexual offences Kate has many years experience in this field, prosecuting and defending the most serious allegations. She is comfortable dealing with young and otherwise vulnerable witnesses and defendants. R v T (December 2012) Instructed by CPS London RASSO Unit Prosecuting a relationship rape. R v S (Dec 2012) Instructed by CPS London Prosecuting relationship rape R v H (Oct 2012) Instructed by CPS Reading Prosecuting the stranger rape of vulnerable adult

5 R v G (Oct 2012) Instructed by CPS Hampshire Prosecuting man who met a young boy through Blackberry Messenger and sexually assaulted him. R v T (March 2012) Instructed by CPS Berkshire Prosecuting violent relationship rape R v A (2011) Instructed by CPS Hampshire Prosecuting historical case of man accused of sexually abusing his stepdaughter. R v B (2009) Instructed by CPS RASSO Hampshire Historical child abuse by a school-master on a series of his pupils over 30 years. R v A (2009) Instructed by CPS Newport, Isle of Wight Series of historical relationship rapes, involving extremely vulnerable complainant and defendant who required an intermediary. Conviction upheld in CA: [2010] EWCA Crim Homicide R v F (April 2013) Instructed by CPS Hampshire to prosecute death by careless driving. R v U (Jan 2011) Instructed by CPS Berkshire Prosecuting a case of causing death by dangerous driving. The issue was whether the defendant, who had initially claimed to be the driver, was in fact the driver or not. The sports car had left the road and turned entirely in mid air, ejecting the deceased. Experts were called on both sides, dealing with complex evidence relating to mechanics and forces. Armed Robbery Kate has considerable experience in this field. She is familiar with cell site evidence, telephone and Blackberry evidence, its capabilities and limitations, together with the ability to present it to the jury.

6 R v Mosson and Harris (Feb 2013) Prosecuting series armed robberies in East London. R v Williams and McLeod (Jan 2013) Prosecuting series of armed robberies in South West London. R v Brush & 3 Others (Sept 2012) Prosecuting series of armed robberies in South West London R v Cutting & 3 Others (June 2012) Instructed by Hampshire CPS Prosecuting prolonged robbery and false imprisonment of vulnerable man in his home. R v Joseph Williams (2011) Prosecuted defendant convicted of committing 11 armed robberies of bookmakers whilst on day release from prison where he was serving a life sentence for murder. News Report R v Shonge and Seale (Mar 2011) Prosecuting series of armed robberies. R v Decktor and Montaque (Jan 2011) Prosecuting robbery of cash in transit van Conviction upheld in the CA R v Koeliat, Hussein and Mayamba (Oct 2010) Prosecuting conspiracy to commit 8 armed robberies Drugs Offences R v A & 4 Others (trial June 2013) to prosecute conspiracy to import cocaine. R v J & 2 Others (Jan 2013)

7 Prosecuting conspiracy to smuggle drugs and other items into HMP Pentonville. R v Chivers & 3 Others (Sept 2012) Prosecuted conspiracy to manufacture and supply anabolic steroids. R v Fox & 4 Others (2011) Prosecuting conspiracy to supply drugs. Fraud and Financial Crime R v Wood & Others (2012) Prosecuting conspiracy to handle stolen goods, fraud and money laundering. R v Mann & 4 Others (2011) Instructed by CPS London Prosecuting conspiracy to obtain bribes between driving instructors and examiners. Evening Standard News Report R v Barry & Others (2009) Instructed by CPS London Led by Mark Trafford, 23 Essex Street Prosecuting ghost employee fraud with 11 defendants. R v Zammit & Others (2008) Instructed by CPS Organised Crime Division Led by Richard Onslow, 3 Paper Buildings Prosecuting a conspiracy to smuggle prostitutes into the UK and thereafter control their activities. Money laundering prosecutions followed.