Paul Taylor

p.taylor@doughtystreet.co.uk

Year of Call

1989
Paul Taylor
Profile

Paul Taylor specialises in criminal appeals.

 

The Legal 500 (2010) describes Paul as “the leading junior authority on criminal appeals” and (2011) as having “an unrivalled knowledge of the workings of the Court of Appeal’.

 

Paul has developed a particular expertise in cases involving fresh evidence, homicide and mentally disordered offenders. He regularly represents appellants before the Court of Appeal (Criminal Division) (being instructed at the appellate stage), and has also appeared as junior counsel before the House of Lords (in Graham Coutts) and the Judicial Committee of the Privy Council (in capital cases from the Caribbean). He 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 (2000), the leading practitioners’ textbook dealing with procedural aspects of criminal appeals and review. He is editor and a contributor to the second edition (Taylor on Criminal Appeals) which was published by OUP in March 2012. Paul co-ordinates the Doughty Street Appeals Unit, and regularly lectures on appellate matters. He has also provided commentaries for Butterworths Human Rights Direct (as part of the Doughty Street Human Rights Unit).

 

He is a member of the Advisory Group for the Centre for Criminal Appeals.

Criminal Appeals

Paul's notable appellate cases include:

  • Petrolini [2012] EWCA Crim. Murder conviction; diminished responsibility
  • Jones (aka Malik) [2012]. Murder, judge’s duty to leave self-defence.
  • Gill and Eccles [2012] 1 W.L.R. 1441 [2012] 2 Cr. App. R. (S.) 26. Murder; mandatory lifers; exceptional progress as a mitigating factor in setting the minimum term.
  • Ahad [2011] EWCA Crim 2736. Murder; joint enterprise; substitution of manslaughter; sentence
  • H (K) [2011] EWCA Crim. Extended sentences
  • Lewis [2010] EWCA Crim 151. Manslaughter; foreseeability; jury directions
  • Hill [2008] EWCA Crim 76. Murder, diminished responsibility, provocation, fresh psychiatric and neurological evidence.
  • Stringfellow [2008] Times, November 14. Drugs conspiracy, errors in jury procedure
  • P (J) [2007]. Rape, fresh evidence of complainant: retraction of allegations.
  • Islam [2007] EWCA Crim 1089. Fresh evidence of civil proceedings involving complainant in criminal matter.
  • Staines [2006] 2 Cr. App. R. (S.) 61. Manslaughter; sentence under s.45A Mental Health Act “hybrid order.
  • A(M) [2006] EWCA Crim 905

 

Challenges to expert evidence in criminal trials.

  • Iredale [2006] EWCA Crim 646 [CCRC referral, fresh evidence, gbh.]
  • Roden [2006] EWCA Crim 1121. Arson, substitution of hospital orders on basis of fresh evidence.
  • Hempston (30.10.06) [2011] MHLR 99. Rapes, life sentences, hospital orders, severe mental illness.
  • Bradish [2006] EWCA Crim 2829: 23. Armed robberies, appropriateness of life sentences and length of tariff.
  • Dawson [21.11.06]. Theft by solicitor. Sentencing.
  • B [2005] Indecent assault. Level of sentencing.
  • C (A) [2005] EWCA Crim 2138. Rape; fresh evidence; CCRC reference.
  • Iroegbu [2003]. Non-disclosure of informants, breaches of PACE
  • Martindale [2003] EWCA Crim 1975. Fresh evidence, non-disclosure of informants.
  • Ashbridge [2002] 2 Cr App R(S) 408 Kidnapping; length of sentence
  • Mulcahy [2001] Robbery; CCRC reference; fresh evidence.
  • S (Paul Lee) [2001] M.H.L.R. 46. Hospital orders; Psychiatric illness; Rape; Restriction orders.
  • Sewell [2000] Rape of a child; appropriate “relevant part” of discretionary life 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.
  • Mynors [1998] 2 Cr App R(S) 279 Criminal damage, sentence.
  • Fallon [1993] Crim LR 591 CA Corroboration, jury directions

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

  • Madden [2010] EWCA Crim 2258 (Murder, appeal against length of minimum term)
  • Evans [2010] Crim. L.R. 491 (Diminished responsibility; Expert evidence; Fresh psychiatric evidence; Guilty pleas; Murder; Provocation.)
  • Erskine [2009] 2 Cr App R 29 (“The Stockwell Strangler”) (7 murders and an attempted murder; guideline case on raising fresh psychiatric evidence on appeal, diminished responsibility.)
  • Symmons: [2009] 173 C.L. & J. 270 (Murder, fresh psychiatric evidence relating to his fitness to give evidence at trial, provocation and diminished responsibility.) [2010] 1 Cr. App. R. (S.) 68 (sentencing: minimum term and age)
  • Dass [2009] M.H.L.R. 288 (3 murders, fresh psychiatric evidence, substitution of manslaughter)
  • Hughes [2007] Sentence, breach of trust, teacher, indecent assaults.
  • Coard and others [2007] UKPC 7 (“The Grenada 13”). Former deputy prime minister of Grenada. Constitutional motion following commutation of death sentence to natural life imprisonment.
  • Hamadi (Z) [2007] EWCA 3048 Rape, fresh evidence, IPP.
  • Waters [2006] EWCA Crim 139 (CCRC reference, murder; baby killing; fresh evidence)
  • Hendy [2006] 2 Cr App R 33 (Murder, fresh evidence supporting diminished responsibility, hospital orders)
  • Bath [2006] EWCA Crim 862 (Murder, guilty plea, fresh evidence supporting diminished responsibility, hospital orders)
  • Beatty [2006] 92 B.M.L.R. 22; [2006] M.H.L.R. 333 (CCRC reference, rape, mental disorder, hospital orders).
  • Anciuaux v CCRC [17.3.06] Admin Court. Seeking to judicially review refusal of CCRC to refer the murder conviction.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] 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.)
  • Mackenney [2004] 2 Cr App R 5 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)
  • Mahwhinney [2004] EWCA Crim 2234 (murder, fresh evidence undermining witness at trial; joint enterprise direction).
  • Gibbs [2003] EWCA Crim 1435 (murder, fresh psychiatric evidence, diminished responsibility),
  • Davidson (Leroy) [2003] 147 S.J.L.B. 1088 (Murder, adverse inference, joint enterprise),
  • Foster [2003] EWCA Crim 178 CA (CCRC reference: 17 year old conviction, murder, breaches of Judges’ Rules and PACE, fresh evidence);
  • Szczerba [2002] 2 Cr App R (S)86 (guidelines for setting “relevant part” of discretionary life sentence),
  • Downing (Stephen) [2002] EWCA Crim 63 CA (CCRC reference, 27 year old conviction, Murder, Breaches of Judges Rules);
  • Smalling [2001] 58 WIR 341 PC (triple murder, provocation, capital offence);
  • Allen [2001] EWCA Crim 1607 (CCRC reference, Breaches of PACE, cell confessions);
  • Smith (Charlie) [2000] CA (CCRC reference, murder, fresh psychiatric evidence, 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),
  • Campbell [1997] 1 Cr App R 199 (Home Secretary's Reference; murder; raising diminished responsibility/ provocation on appeal);
  • Henry [1996] WIR PC (murder, capital offence, use of emotive language by judge);
  • Hefferman [1996] 1 Cr App R(S) 90 CA (INLA, conspiracy to cause explosions; sentence);
  • Daddow [1996] 2 Cr App R(S) 10 CA (conspiracy to murder; sentence);
  • Hall [1996] 2 Cr App R(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);
  • Taylor [1995] 46 WIR 318 PC (murder, abuse of process, ordering a retrial);
  • Hopson [1994] 45 WIR 307 PC (murder, capital offence, mistaken identity).
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