Richard has a specialist criminal justice practice; he appears as a trial advocate in the Crown Court and is frequently instructed as an appellate advocate in the Court of Appeal Criminal Division. In the last year, instructions in criminal related matters have also taken him to the Administrative Court, the Chancery Division and the Court of Appeal Civil Division. He is recognised as a leading junior in crime in Chambers and Partners 2012.
Homicide
Recent homicide instructions as a led junior include:
- R v Wong (Manchester Crown Court, 2011)
Defendant acquitted of gang-related shooting of drug dealer. - R v T (Footwear) [2011] 1 Cr.App.R 9 (Court of Appeal)
Murder conviction quashed on the basis that the 'scientific' forensic evidence was unsafe. This case has had a fundamental impact on the use of forensic evidence in the criminal courts and has caused those providing forensic services to re-evaluate the use of Bayesian analysis and likelihood rations in the presentation of an evaluative opinion. - R v Tillett [2011] UKPC 21 (Privy Council)
Murder appeal from the Court of Appeal of Belize addressing issues of counsel's incompetence and confession evidence. This was the final criminal appeal from Belize heard by the Privy Council as the jurisdiction has now ended. - R v X (CCRC, 2011)
Application to the CCRC during on-going murder prosecution to quash previous conviction for murder. - R v M (CCRC, 2011)
Instructed to advise on a judicial review of the CCRC's refusal to refer the conviction of a 15 year old for murder despite a post-conviction cell confession by his co-defendant.
General Crime
As a trial advocate, he has been instructed in cases of attempted murder and other allegations of serious violence, the importation of Class A drugs, and rape and other sexual offences. He is a contributing author to Human Rights in the Investigation and Prosecution of Crime (OUP, 2009).
Recent cases include:
- R v AW (Central Criminal Court)
Attempted Murder (junior alone) - R v LB and 10 others (Luton Crown Court)
Domestic and international car ringing conspiracy (junior alone). - R v YB (Snaresbrook Crown Court)
Defendant with mental health problems charged with rape of minor (junior alone) - R v R and others (Kingston Crown Court)
Violent disorder between Korean and Sri Lankan groups in West London (junior alone). - 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 Kirton [2007] EWCA Crim 1908
Life sentence imposed on grounds of dangerousness quashed (junior alone)
Richard has been involved in most of the leading cases in the House of Lords and Court of Appeal involving immigration offences and foreign nationals in the criminal justice system, and has been involved in writing and lecturing on the topic on behalf of ILPA, IAS and the Law Society. He regularly contributes to government consultation papers, gave expert evidence on PACE and immigration offences to the Parliamentary Committee examining what is now UK Borders Act 2007, and has assisted opposition peers draft and present amendments to the immigration bills in the House of Lords. These cases include:
- R v Rahma Mohamed (2011) 1 Cr App R 35 (Court of Appeal)
Refugee's conviction overturned (despite guilty pleas) following erroneous advice. - R v Asfaw (UNHCR intervening) (2008) 1 AC 1061 (House of Lords)
Constitutional argument on extent to which defendants can rely on unincorporated human rights treaties. (led by Edward Fitzgerald QC) - R(HN) v Director of Public Prosecutions [2009] EWHC 3081 (Admin) (High Court)
Judicial review of CPS decision to prosecute a trafficked minor (junior alone). - R v Soe Thet (2007) 2 All ER 425, [2007] INLR 71, The Times, November 1st 2006 (High Court)
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) - R v Pryce [2007] EWCA Crim 112 (Court of Appeal)
Distinction between use and possession of false passports (junior alone) - R v (1) Weng (Da Hua) and (2) Wang (Guo Xing) [2006] 1 Cr. App. R. (S.) 97 (Court of Appeal)
Chelmsford Crown Court criticised for approach taken in sentencing foreign nationals (junior alone) - R v Asfaw [2006] Crim. L. R. 906 (Court of Appeal)
Lord Chief Justice rules on 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 Wang (Bei Bei) [2005] 2 Cr. App. R. (S.) 79 (Court of Appeal)
First sentencing case under new "no document" legislation. Sentence significantly reduced and recommendation for deportation overturned (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 by Francis Webber).
Regulatory and Financial Crime
Richard has been instructed in a number of substantial fraud and money laundering trials and related confiscation proceedings. In addition, he has experience of the interconnected civil proceedings relating to asset forfeiture and the proceeds of crime and has been instructed in this regard in cases in the Administrative Court, the Chancery Division and the Court of Appeal Civil Division. He has been instructed in numerous applications for certificates of inadequacy, in management and enforcement receiver proceedings in the High Court and regularly appears for respondents in civil cash forfeiture applications made by the Metropolitan Police and Revenue and Customs. Richard is co-author of the fourth edition of Blackstone's Guide to the Proceeds of Crime Act 2002 (OUP 2011).
- R v A (Croydon Crown Court)
Multi-handed banking insider fraud covered in "They Stole My Life" documentary (led junior). - R v G [2011] ACD 46 , CL&J (2011), 75 (Court of Appeal Civil Division)
Applications for certificates of inadequacy permitted even where "hidden assets" findings (junior alone). - R v M and others (Croydon Crown Court)
Multi-handed banking insider fraud resulting in significant losses to High Street bank (led junior). - R v W (Southwark Crown Court)
Historic money laundering prosecution following extradition to UK from Holland (junior alone). - R v A (Southwark Crown Court)
Confiscation proceedings of former solicitor and magistrate extradited from US for laundering proceeds of Russian mafia (junior alone). - Brown v UK (ECtHR)
Application to ECtHR in challenge to reverse burden in "hidden assets" cases (junior alone).
Richard's has a wide experience of regulatory work, defending both companies and individual directors: In recent years, this work has included instructions for the defence in prosecutions brought by many of the regulatory authorities. Richard also represents professionals facing charges from their own regulatory bodies - from architects to boxing trainers.
- R v Friend and others (Croydon Crown Court)
Defending prosecution brought by DEFRA relating to the sales of unauthorised veterinary medicines. The allegation involved multi-million pound trading in India, Russia and Europe (led junior). - R v Guney (Guildford Crown Court)
Defending director of cemetery prosecuted by the Environment Agency for alleged breaches of EC Waste Directive (junior alone). - R v E (Oxford Crown Court)
Defending director in Department for Business Enterprise and Regulatory Reform prosecution arising out of irregularities in winding up proceedings before the High Court (junior alone). - R v A Ltd
Advising company in local authority prosecution arising out of breaches of EC food storage regulations (junior alone). - R v P (Reading Crown Court)
Defending company in Health and Safety Executive prosecution following two deaths on a farm (junior alone). - R v X Ltd
HMRC prosecution for breaches of VAT regulations (junior alone).
Protest
Richard is the co-author of The Law of Public Order and Protest (OUP, 2010). He has represented activists charged in criminal proceedings arising out of many of the significant protests in recent years. In the last twelve months he has appeared for the environmental protestors charged with aggravated trespass at Ratcliffe on Soar power station which resulted in their case collapsing following the exposure of Mark Kennedy/Stone as an undercover police officer, for the UK UNCUT activists who occupied Fortnum and Masons, and in a 23 defendant conspiracy arising out of clashes between ANTIFA and far right groups. He is currently instructed in a prosecution under SOCPA 2005 brought by the Anti-Terrorism Division against animal rights protestors.
His experience includes prosecutions of alleged violent disorder at the G20, outside the Israeli Embassy in London, and in Parliament Square, as well as the SHAC/HLS prosecutions and in the closure of Manchester Airport by 'Plane Stupid'.
Appellate Work
Richard's appellate practice involves appeals against conviction and sentence to the Court of Appeal and House of Lords. He has also been instructed in applications to the CCRC, Privy Council and European Court of Human Rights. He is regularly instructed at the appellate stage and 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. He is a contributing author to the forthcoming second edition of Taylor on Appeals (OUP 2012). A selection of recent cases is set out in the relevant sections.
Public Law
Richard advises and appears in challenges by way of judicial review or case stated in a broad range of criminal justice areas.
Cases include: - R(on the application of Guney) v Central Criminal Court (LSC intervening) [2011] ACD 90
Judicial review of the decision to award costs against a defendant acquitted of conspiracy to murder (led junior). - R v M (2011)
Instructed to advise on a judicial review of the decision of the Criminal Cases Review Commission to refuse to refer the conviction of a 15 year old despite the post-conviction confession of his co-defendant to prison officers (junior alone). - R(HN) v Director of Public Prosecutions [2009] EWHC 3081 (Admin)
Judicial review of CPS decision to prosecute a trafficked minor (junior alone). - DPP v Inegbu [2008] EWHC 3242 (Admin)
Case stated addressing lacuna in new prosecution regime (junior alone). - In the matter of R (2008) CJA/108/2007
High Court bail jurisdiction (junior alone). - 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) - R v M [2007] EWHC 1032 (Admin)
Term of ASBO quashed (junior alone)
International Law
Richard has been instructed on criminal appeals from Belize and Grenada and currently appeared in the final criminal appeal to the Privy Council from Belize. He represented a UK citizen who had been incarcerated in Laos for six years and negotiated, through the FCO, his transfer to the UK. He 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. He is currently advising Amnesty International in relation to international corporate crime.
Court Martial
Richard appears for military personnel charged with criminal offences both in the UK and when serving abroad, particularly Germany. He has experience of cases involving offences committed shortly after returning from operational service and issues surrounding whether the army have properly managed that return and the impact that tours in Afghanistan and Iraq had on the offending behaviour. He has been instructed to defend Army and RAF personnel charged with violent and sexual offences as well as the military offences of AWOL and desertion.
Professional Memberships
CBA, ILPA, HRLA, SE Circuit
Richard is a volunteer legal advisor at Toynbee Hall Legal Advice Centre and at Crisis.
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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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