Jake Taylor, as leading counsel in an attempted murder trial, secures stay of proceedings as an abuse of process

Jake Taylor was representing SE who was accused of attempting to kill the complainant over the course of two separate incidents of violence. At trial, and after cross-examination of the complainant, Jake mounted extensive legal arguments relating to the admissibility of evidence and the indictment.

During legal argument, Jake submitted that to prosecute the defendant in circumstances where he had been acquitted of inflicting grievous bodily harm with intent (by a previous jury, in an earlier trial where the jury had been hung on the attempted murder count) amounted to an abuse of process of the court and fell afoul of the principle of autrefois acquit. The argument was based on the principle in Morrison [2003] 1 WLR 1859 where the Court of Appeal came to “the unhesitating conclusion to which we have come is that there can be no intention to kill someone without the intention also to cause grievous bodily harm”.

Following detailed written and oral submissions, the judge found that “exceptional circumstances” existed such that to allow the prosecution of attempted murder “to proceed further in this trial… would be tantamount to this Defendant being tried again for in effect or substantially the same offence of which he has been acquitted” and the matter was stayed as an abuse of process.

Jake was leading Hugo Lodge from 2 Bedford Row and was instructed by Martin Lee from EBR Attridge.

For more information about Jake, please contact our Senior Clerk Matthew Butchard.