Benjamin Newton

Benjamin has a wealth of experience defending in short jury trials across the whole spectrum of criminal offences, ranging from large-scale drug trafficking to serious sexual allegations.

Benjamin is consistently instructed to act for defendants charged with the most serious of offences. Current cases and previous effective trials include:

• R v McKinley, Sheffield Crown Court (ongoing) - alleged s18 attack in Stars nightclub, Sheffield, on New Year’s Eve 2011.
• R v Ojotu, Warwick Crown Court [2013] - alleged s18 branding with an iron.
• R v Twomey (and others), Central Criminal Court [2010] [VHCC] - Defending the third of four men accused of involvement in a £1.75m armed robbery at Heathrow Airport in February 2004 - the first trial on indictment without a jury in England and Wales (led by Kirsty Brimelow Q.C.).
• R v Bennett, Carlisle Crown Court [2009] - alleged s18 stabbing of a violent partner.
• R v Karacan, Swansea Crown Court [2009] - alleged s18 with a weapon in retaliation to racial abuse.
• R v Victor, Snaresbrook Crown Court [2008] - allegations of conspiracy to rob brothels in East London, including multiple rape offences against six complainants (led by David Bentley)

Benjamin has established a reputation for dealing meticulously with complex cases of financial crime, and with issues of forfeiture and confiscation. He is regularly instructed as led junior in relation to substantial allegations of fraud and money laundering. He benefits from an academic background in economics and is particularly adept at dealing with issues of forensic accounting. Benjamin also has experience in licensing matters and in defending companies prosecuted by the Health and Safety Executive.

• Operation Inertia, Kingston Crown Court (Ongoing) (VHCC) - Company director implicated in a large scale MTIC fraud, leading the prosecution to seek £94m benefit on confiscation following a guilty plea (led by Rebecca Trowler Q.C.).
• R v Kalloo, Harrow Crown Court (2013) - Fourteen count indictment alleging dishonest claims for disability entitlements beginning in 2002. Tried over seven weeks (led by Sarah Elliott) and prosecuted by three counsel.
• Operation Aloof, Kingston Crown Court [2011] [VHCC] - Representing the second of three defendants in a three month trial relating to large scale money laundering through a bureau de change, contrary to s328 POCA 2002 (led by David Hislop Q.C.).
• R v Halai, Merthyr Tydfil Crown Court [2011] - postmaster accused of financial mismanagement and dishonesty leading to a loss of £83,000, eventually concealed via a staged armed robbery.
• Operation Montecarl, Kingston Crown Court [2010], Allegation of money laundering; the prosecution were allowed to offer no evidence following full argument to stay the proceedings for abuse of process.
• R v Shilling, Maidstone Crown Court [2007 and 2008] - Led junior at trial and re-trial for the second of six defendants facing allegations of conspiracy to conceal criminal property over a significant period.

Benjamin has significant specialist expertise in relation to direct action and protest cases, regularly appearing on behalf of activists motivated by concerns for animal rights, climate change, the war in Iraq, and other causes. He has been involved in many of the most high profile cases of recent years, including defending (with Rebecca Trowler Q.C.) the second of six defendants who faced the first effective trial for interfering in the contractual relations between an animal testing organisation and a third party (s145 SOCPA 2005), and also defending (with Edward Rees Q.C. and Sarah Elliott) the twenty activists who planned to shut down Ratcliffe-on-Soar power station, the case that gave rise to the media revelations surrounding undercover police officer Mark Kennedy.

In 2012 Benjamin defended Trenton Oldfield, the protestor who swam into the path of the University Boat Race. Benjamin is currently instructed on behalf of Jairo Dos Santos in relation to the disclosure to the Mail on Sunday of expenses claims by officers protecting former prime ministers and royalty (a defence of public interest). His previous effective trials include:

• R v Oldfield, Isleworth Crown Court [2012] - public nuisance allegation arising from interruption of the University Boat Race.
• R v Chivers and others, Southwark Crown Court [2012] - Leading counsel for eight UK Uncut protestors charged in relation to the March 2011 occupation of Fortnum and Mason.
• R v Evans, Kingston Crown Court (2012) - allegation of possession of an offensive weapon at the 2011 TUC rally.
• R v Binney, Kingston Crown Court (2011) - allegation of violent disorder (the destruction of Santander building society) at the 2011 TUC rally.
• 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 Barkshire (and others), Nottingham Crown Court (2010) - conspiracy to commit aggravated trespass at Ratcliffe-on-Soar power station (see above).
• R v Evans, Central Criminal Court (2009) - allegation of violent disorder  at an anti-war demonstration stayed for abuse of process.
• R v Kirtley (and others), Birmingham Crown Court (2008) (VHCC) - alleged conspiracy to interfere with contractual relations between an animal testing organisation and a third party contrary to s145 of the Serious Organised Crime and Police Act 2005 (see above).

In addition to first instance cases, Benjamin has a broadening appellate practice, and was a contributor to Oxford University Press’s recently published Taylor on Criminal Appeals, edited by Paul Taylor. Significant cases include:

• R v Shelton [2012] EWCA Crim 2865 - Reduction in sentence from five years to three-and-a-half years for offence pursuant to s9 Sexual Offences Act 2003.
• R v  Barkshire (and others) [2012] Crim. L.R. 453 - Quashing of twenty convictions due to the involvement of the undercover officer Mark Kennedy.
• 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.

Benjamin frequently advises and appears for requested persons in extradition matters on appeal to the High Court, particularly where it can be argued that extradition will breach their human rights. He also (together with David Rhodes) provides comprehensive training to solicitors on the conduct of first instance cases.

• B v District Court in Trutnov, Czech Republic [2011] EWHC 963 (Admin) - Arguments relating to the Czech penal warrant system’s compatibility with s20 Extradition Act 2003, and that extradition would be incompatible with the Article 8 rights of the requested person’s children pursuant specifically to the Supreme Court’s ruling in ZH v Tanzania.
• Court of Appeal of Douai, France v Addo (6^th July 2010) - First instance judgment of District Judge Tubbs where, highly unusually, it was held that extradition would breach the requested person’s Article 8 rights together with those of her children. Appeal by the requesting judicial authority subsequently abandoned.
• C v Circuit Court in Poznan, Poland [2010] EWHC 2262 (Admin) - Article 8 case based upon the rights of a settled eight-year-old son with learning difficulties.
• Meizoso-Gonzalez v Spain [2010] EWHC 3655 (Admin) - Challenge relating to the application of s2(3)(b) Extradition Act 2003 where a request for extradition is made at an investigative stage and the prosecution is brought as a consequence of a private complaint rather than a police investigation. Question of public importance certified but leave refused by the Supreme Court.

Benjamin has appeared for defendants before Courts Martial on numerous occasions, for offences including assault occasioning grievous bodily harm, absence without leave, and publishing or distributing racist material (contrary to s19 Public Order Act 1986).