Richard accepts instructions in all areas of criminal law; as a trial and appellate advocate and in related public law proceedings.
As a trial advocate, he has been instructed in cases of fraud and money laundering, attempted murder and other allegations of serious violence, the importation of Class A drugs, and rape and other sexual offences. As a led junior he has appeared for the defence in cases of murder, substantial multi-million pound banking frauds, and drug importation cases involving international cartels.
Richard's appellate practice (a selection of cases listed below) involves appeals against conviction and sentence to the Court of Appeal and House of Lords, and judicial review and appeal by way of case stated to the High Court. He has also been instructed in applications to the CCRC, Privy Council and European Court of Human Rights. Reported cases in which he has been involved have addressed issues including constitutional arguments, abuse of process, Article 6 ECHR and reverse burdens, the incorporation of international human rights instruments and sentencing guidelines.
In the field of the proceeds of crime and asset forfeiture, Richard has wide experience, both of proceedings connected to criminal prosecutions but also in stand alone civil forfeiture applications. He has represented defendants in substantial confiscation proceedings both in the Crown Court and the High Court and is currently involved in an application to the European Courts of Human Rights challenging the "hidden assets" provisions of the Proceeds of Crime Act 2002. He regularly appears for respondents in civil cash forfeiture applications made by the Metropolitan Police and Revenue and Customs.
Richard's regulatory work has included defending companies prosecuted by the HSE following deaths at the workplace, by HMRC for breaches of VAT regulations, by the Department for Business Enterprise and Regulatory Reform arising out of winding up proceedings, and by the Environmental Agency for alleged breaches of EC waste regulations and EC food safety regulations.
Richard has been involved in many of the leading cases involving immigration offences and foreign nationals in the criminal justice system (set out below), and has been involved in writing and lecturing on the topic on behalf of ILPA, IAS and the Law Society. He recently gave expert evidence on PACE and immigration offences to the Parliamentary Committee examining the UK Borders Bill (now UK Borders Act 2007), and assisted opposition peers draft and present amendments to the Bill in the House of Lords.
Richard is a volunteer legal advisor at Toynbee Hall Legal Advice Centre and at Crisis. In 2008, Richard has travelled to Azerbaijan on behalf of the Netherlands-Helsinki Committee to provide fair trial training to human rights lawyers, and to Montenegro to work with judges and lawyers as part of the AIRE Centre's South Eastern Europe Programme.
Recent Cases:
House of Lords - R v Asfaw (UNHCR intervening) (2008) 1 AC 1061- Constitutional argument on extent to which defendants can rely on unincorporated human rights treaties. (led by Edward Fitzgerald QC)
Court of Appeal - R v Willis [2007] - Murder conviction quashed on grounds of non-disclosure (led junior)
- R v Marangawanda [2009] EWCA Crim 60
Appeal against convictions imposed for s.20 GBH based on reckless transmission of disease (leading junior) - R v Wang (Bei Bei) [2005] 2 Cr. App. R. (S.) 79
First sentencing case under new "no document" legislation. Sentence significantly reduced and recommendation for deportation overturned (junior alone) - R v Kirton [2007] EWCA Crim 1908
Life sentence imposed on grounds of dangerousness quashed (junior alone) - R v Asfaw [2006] Crim. L. R. 906
Extent to which defendants can rely directly on rights afforded under international human rights treaties. Abuse of process arising out of CPS policy (junior alone) - R v Embaye (Senait Tekie) and Navabi (Fraydon), The Times, December 5th 2005, [2005] EWCA Crim 2865) - Compatibility of the reverse burden with Article 6 ECHR, statutory interpretation, the principle of legality and incorporation of international human rights instruments (led junior)
- R v (1) Weng (Da Hua) and (2) Wang (Guo Xing) [2006] 1 Cr. App. R. (S.) 97 - Chelmsford Crown Court criticised for approach taken in sentencing foreign nationals (junior alone)
- R v Ahaiwe [2007] EWCA Crim 1018
Recommendation for deportation quashed (junior alone) - R v Pryce [2007] EWCA Crim 112
Distinction between use and possession of false passports (junior alone)
High Court - R v Soe Thet (2007) 2 All ER 425, [2007] INLR 71, The Times, November 1st 2006. - The Lord Chief Justice's ruling emasculated the prosecutions regime introduced in section 2 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004 (junior alone)
- DPP v Inegbu [2008] EWHC 3242 (Admin)
Case stated addressing lacuna in new legislation regulating prosecutions under the railway byelaws (junior alone) - In the matter of R (2008) CJA/108/2007
Certificate of inadequacy and High Court bail jurisdiction (junior alone). - R v M [2007] EWHC 1032 (Admin)
High Court: Term of ASBO quashed (junior alone) - R(HN) v Director of Public Prosecutions (2009)
High Court: Judicial review of CPS decision to prosecute
Crown Court - R v MA and 9 others (Croydon Crown Court) - Clearing banks defrauded by more than £3 million (led junior)
- R v MA (Central Criminal Court) - Attempted murder (junior alone)
- R v A and 8 others (Croydon Crown Court) - Allegation of £4 million fraud on clearing banks by defrauding trust accounts (led junior)
- R v W (Manchester Crown Court)
Allegation of firearms murder involving Manchester gangs (led junior) - R v LB and 10 others (Luton Crown Court)
Substantial car ringing conspiracy (junior alone) - R v Y (Snaresbrook Crown Court)
Defendant with mental health problems accused of rape of two 13 year old girls (junior alone)
Professional Memberships
CBA, ILPA, HRLA, SE Circuit
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Year of Call
2002
Education
MA (Oxon)
MA (City)
Email Address
r.thomas@doughtystreet.co.uk
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Specialist Teams
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