Overview
Benjamin Newton is a criminal defence advocate.
He is instructed for defendants in jury trials for serious offences (both alone and as led junior) and on appeal. He also has expertise in extradition matters (at first instance and on appeal), and before courts martials in England and in Germany. Benjamin has particular experience in cases involving civil liberties and human rights, not least those arising from direct action and protest, and has a rapidly developing practice in financial crime.
Recent cases
Benjamin frequently appears as led junior in serious, high profile and complex cases, including: - R v Meghrabi (and others), Kingston Crown Court, 2011 (VHCC) - allegations of money laundering over several years.
- R v Barkshire (and others), Nottingham Crown Court, 2010 - appearing on behalf of twenty defendants (alongside Edward Rees Q.C. and Sarah Elliott) accused of conspiring to occupy Ratcliffe-on-Soar coal-fired power station and arguing a defence of necessity based on the causal link between carbon emissions and climate change.
- R v Twomey (and others), Central Criminal Court, 2010 (VHCC) - the first judge-only trial on indictment in England and Wales, arising from allegations of £1.75m armed robbery at Heathrow Airport in February 2004.
- R v Williams (and others), Snaresbrook Crown Court, 2008 - allegations of conspiracy to rob brothels in East London, including multiple rape offences against six complainants.
- R v Kirtley (and others), Birmingham Crown Court, 2008 (VHCC) - the first effective trial under s145 of the Serious Organised Crime and Police Act 2005, conspiracy to interfere with contractual relations between an animal testing organisation and a third party.
- R v Shilling (and others), Maidstone Crown Court, 2007 and 2008 - allegations of conspiracy to conceal stolen vehicles and machinery worth over £1m (trial and re-trial).
As sole counsel Benjamin is consistently instructed to defend in significant cases and has particularly considerable experience in matters of serious violence and of importation and supply of drugs. Trials have included:
- R v Halai, Merthyr Tydfil Crown Court (2011) - postmaster accused of faking an armed robbery to steal £83k.
- R v Abdi, Blackfriars Crown Court (2011) - sexual assault.
- R v Orton, Southwark Crown Court (2011) - allegation of violent disorder arising from a protest at George W Bush's final official visit to Downing Street.
- R v Rashed, Wood Green Crown Court (2010) - eight-handed violent disorder at the junction of the A1 and A406 North-Circular.
- R v Bennett, Carlisle Crown Court (2009) - s18 grievous bodily harm.
- R v Evans, Central Criminal Court (2009) - allegation of violent disorder stayed for abuse of process.
- R v Koten, Basildon Crown Court (2009) - violent disorder.
- R v Karacan, Swansea Crown Court (2009) - s18 grievous bodily harm.
- R v Marshall, Kingston Crown Court (2008) - conspiracy to supply opium.
- R v Grant, Blackfriars Crown Court (2008) - aggravated burglary involving various weapons including discharge of a live firearm.
- R v Van Israel, Chelmsford Crown Court (2007) - importation of £1/4m of crack cocaine via Stanstead Airport.
- R v Ali, Kingston Crown Court (2007) - s2 sexual assault.
- R v Nsubuga, Southwark Crown Court (2007) - possession with intent to supply cocaine.
- R v Mthumzi, Inner London Crown Court (2006) - possession with intent to supply 1000 ecstasy tablets.
- R v Jenkins, Maidstone Crown Court (2006) - allegedly homophobic youth gang robbery on Dartford Heath.
Benjamin has specialist expertise in relation to direct action and protest cases, and in addition to the effective trials on indictment listed above has had conduct of numerous other environmental or animal-rights related cases throughout the United Kingdom, such as the protestors charged with aggravated trespass at Stansted Airport in December 2008 and cases relating to the Stop Huntingdon Animal Cruelty organisation at Winchester Crown Court, together with matters arising from protests in central London such as the February 2008 protest against the third runway at Heathrow Airport when five activists reached the roof of the Palace of Westminster during Prime Minister's questions. In addition to first instance cases, Benjamin has a broadening appellate practice. Significant cases include: - R v Buxton (and others) [2011] 1 W.L.R. 857; [2011] 2 Cr. App. R. (S.) 23 - quashing of restraining orders imposed upon thirteen environmental activists (representing all thirteen) following an obstruction of the railway at Ffos-y-Fran opencast coal mine.
- R v Twomey (and others) [2010] 1 W.L.R. 630; [2009] 2 Crim. App. R. 25 - appeal leading to first judge-only trial on indictment (led junior).
- R v Jennison [2009] EWCA Crim 312 - fresh appeal resulting in the quashing of a sentence of detention for public protection originally imposed on a youth in October 2005.
He also accepts instructions in Privy Council matters, having gained experience of capital appeals whilst working at the Public Interest Litigation Clinic in Kansas City, Missouri before being called to the Bar.
Publications
Benjamin writes a quarterly column, Life in Crime, in the Solicitors' Journal, and has contributed chapters to Human Rights in the Investigation and Prosecution of Crime, edited by Jonathan Cooper OBE and Madeleine Colvin (OUP 2009), and the forthcoming second edition of Taylor on Appeals, edited by Paul Taylor (OUP). He has also provided CPD accredited seminars on extradition law, criminal appeals and youth justice.
Other
Benjamin is a member of Lawyers for Liberty, Amnesty International, Friends of the Earth, the Criminal Bar Association, the Criminal Appeal Lawyers Association and the Extradition Lawyers Association.
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Year of Call
2004
Education
BA (Oxon), PgDL (City)
Email Address
b.newton@doughtystreet.co.uk
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