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Paul Taylor

 Paul Taylor

Paul Taylor has a criminal appellate practice. He has developed a particular expertise in cases involving homicide and mentally disordered offenders.

He has represented appellants before the Court of Appeal (Criminal Division) (including a number of high profile miscarriage of justice cases such as Stephen Downing, Harry Mackenney and Graham Coutts), as well as before the House of Lords and the Judicial Committee of the Privy Council (in capital cases from the Caribbean). He also has extensive experience in drafting submissions to the Criminal Cases Review Commission, and representations in relation to the judicial setting of tariffs in murder cases under the Criminal Justice Act 2003.

Paul is the author of Taylor on Appeals (in the Criminal Law Library series: Sweet & Maxwell, 2000), a practitioners' textbook dealing with procedural aspects of criminal appeals and review in both the English jurisdiction as well as the European Court of Human Rights, the Judicial Committee of the Privy Counsel and the human rights bodies under the auspices of the United Nations, and Inter-American Commission and Court.

He provides regular commentaries for Butterworths Human Rights Direct (as part of the Doughty Street Human Rights unit) and lectures on appellate matters.

Notable appellate cases include:

  • Fallon [1993] Crim LR 591 CA (corroboration),
  • Mynors [1998] 2 CAR(S) 279 (criminal damage, sentence);
  • McGowan (1999) (conspiracy to supply drugs; correct use of S.74 PACE);
  • D (Andrew) (1999) (sexual abuse, fresh evidence, lurking doubt);
  • R (Charles A.) (1999) (sexual abuse; abuse of process; directions as to effect of delay);
  • Lawson (1999) CA (Sentence, fraud).
  • Sewell (2000) (rape of a child; appropriate "relevant part" of discretionary life sentence),
  • Mulcahy (2001) (CCRC reference; fresh evidence),
  • Ashbridge (Dallas) [2002] 2 CAR(S) 408 (Kidnapping; length of sentence)
  • Iroegbu (2003) (non-disclosure of informants, breaches of PACE),
  • Martindale (2003) (non-disclosure of informants).
  • B (2005) (Indecent assault. Level of sentencing).
  • C (A) (2005) (Rape; fresh evidence; CCRC reference)
  • Staines (2006) (Manslaughter; sentence under s.45A Mental Health Act "hybrid order)
  • A(M) (2006) [Challenges to expert evidence in criminal trials)

He has also acted as a junior in a large number of appellate cases:

  • Hopson (murder) (1994) 45 WIR 307 PC (murder, capital offence, mistaken identity);
  • Taylor (1995) 46 WIR 318 PC (murder, abuse of process, ordering a retrial);
  • Henry (1996) WIR PC (murder, capital offence, use of emotive language by judge);
  • Hefferman (1996) 1 CAR(S) 90 CA (conspiracy to cause explosions; sentence);
  • Daddow (1996) 2 CAR(S) 10 CA (conspiracy to murder; sentence);
  • Hall (1996) 2 CAR(S) 406 CA (Manslaughter of baby, sentence);
  • Holder (1996) 49 WIR 450 PC (Felony murder rule, capital offence);
  • Logan (1996) AC 871 PC (murder, provocation, capital offence);
  • Campbell (1997) 1 CAR 199 (Home Secretary's Reference; murder; raising diminished responsibility/ provocation on appeal);
  • Hobson (1998) 1 CAR 31 (murder, raising battered wife syndrome on appeal);
  • Ravalia (1998)CA (murder; criticism of trial counsel; fresh evidence of diminished responsibility)
  • Solomon (1999) 57 WIR 432 PC (murder; evidence of mental illness not raised at trial);
  • Gabb (1999) CA (Attorney-General's Reference; seeking to increase sentence to life),
  • Smith (Charlie) (2000)CA (CCRC reference, murder, fresh psychiatric evidence, diminished responsibility).
  • Downing (Stephen) (2000) CA (CCRC reference, 27 year old conviction, Murder, Breaches of Judges Rules);
  • Smalling (2001) 58 WIR 341 PC (triple murder, provocation, capital offence);
  • Szczerba [2002] 2 CAR (S)86 (guidelines for setting "relevant part" of discretionary life sentence),
  • Allen (Alexander) (2002) CA (CCRC reference, Breaches of PACE, cell confessions);
  • Foster (2002) CA (CCRC reference: 17 year old conviction, murder, breaches of Judges' Rules and PACE, fresh evidence);
  • Gibbs (2003) CA (murder, fresh psychiatric evidence, diminished responsibility),
  • Davidson (Leroy) (2003) CA (Murder, adverse inference, joint enterprise),
  • Mackenney (2003) CA (CCRC reference, four murders, fresh psychiatric evidence, non-disclosure)
  • Claydon (2004) 1 WLR 1575 CA (preparatory hearings, jurisdiction);
  • Hampton and Brown (2004) Times, October 13, 2004; [2006] Crim LR (Murder; fresh evidence; non-disclosure)
  • Gibbs (2005) 1 Cr App R 3 (Guideline case before a 5 judge Court of Appeal; correct approach under the new provisions to the setting of minimum term of life sentences)
  • Coutts (2005) (2005) 1 WLR 1605 CA and then HL [2006] 1 WLR 2154 (Murder; circumstances in which a trial judge is under a duty to leave an alternative defence open to the jury)
  • Colin Waters (2006) (CCRC reference, murder; baby killing; fresh evidence)
  • Jason Hendy (2006) (Murder, fresh evidence supporting diminished responsibility, hospital orders)
  • Shane Bath (Murder, guilty plea, fresh evidence supporting diminished responsibility, hospital orders)
  • Beatty (2006) (CCRC reference, rape, mental disorder, hospital orders).

last updated September 2006

 

 

Year of Call

1989

Education

LLB (Hons) (First Class), LLM

Email Address

p.taylor@doughtystreet.co.uk

Specialist Teams

Paul Taylor is a member of the following specialist law teams:



 

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