Tom Wainwright

Overview

Tom has always been a dedicated criminal defence barrister, devoted to providing full and fearless representation. He is ranked for Crime in the current Chambers and Partners and Legal 500 Directories.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

Serious crime

R v LR, Guildford Crown Court (2023)
Representing defendant charged with serious sexual assault on his partner’s daughter, aged 7 to 10 at the time. Following careful and sensitive cross-examination of the complainant and several supporting prosecution witnesses, the defendant was unanimously acquitted.

R v EB, Snaresbrook Crown Court (2023)
Defendant acquitted of conspiracy to commit armed robbery of a warehouse in East London following a five week trial. Prosecution case based upon telephone downloads, cellsite, association with a co-defendant who had pleaded guilty, possession of items stolen in the robbery and various other strands. In the course of the trial, a number of difficult issues arose including public interest immunity, hearsay and an unheralded cut-throat defence being advanced by a co-defendant.

R v YA, Snaresbrook Crown Court (2022)
Acted as led junior for defendant acquitted of murder after just over three hours of jury deliberations, on the basis that he had a temporary loss of control at the time of the killing. The trial involved complex pathology, toxicology and other expert evidence and required detailed legal submissions in relation to the factual scenario in which the defendant assaulted the deceased repeatedly with a hammer.

R v AD, Central Criminal Court (2022)
Defendant charged with encouraging terrorism for a speech given at his local mosque, raising difficult issues relating to the boundaries of freedom of religion and freedom of expression as well as controversial ‘expert’ evidence and bad character material.

R v Walker, Warwick Crown Court (2021)
The defendant was originally convicted of murder in 2004. After his conviction was quashed by the Court of Appeal, following a reference by the CCRC, Tom acted as led junior in the re-trial which revolved around technical expert evidence on neuropathology, pathology and toxicology. Following a successful submission of no case to answer, based upon complex issues of causation and the principle of novus actus interveniens, the prosecution appealed the judge’s ruling. Finally, the Court of Appeal dismissed their appeal and the defendant was released after 18 years in prison. Read the Guardian’s report on this extraordinary case here.

R v EG, Chester Crown Court (2020)
Representing trans female defendant charged with rape. Unanimously acquitted following a difficult and delicate trial.

R v ******, Woolwich Crown Court (2020)
Allegations of Perverting the Course of Justice and Money Laundering. Highly unusual trial, conducted almost entirely in-camera, involving extremely sensitive evidence and novel legal issues. Defendant discharged following lengthy legal argument.

R v LB, Kingston Crown Court (2020)
Causing Death by Dangerous Driving. Case involving complex expert evidence on accident reconstruction, medical negligence and causation. Defendant acquitted.

R v Letts, Central Criminal Court (2019)
The Defendants were the parents of Jack Letts, a British Muslim revert who travelled to Syria in 2014 and the Crown alleged had joined ISIS. The Defendants were acquitted of two counts of funding terrorism on the grounds of duress after their son asked them for money in order to leave the group he was with, but were convicted on the remaining count. Prior to trial this extraordinary case went to the Supreme Court in order to determine the requisite mens rea for the offence and later to the Court of Appeal to consider the compatibility of the defence of duress with s.17 of the Terrorism Act 2000. Read reports of the case on the BBC here and the Daily Mail here.

R v Osman, Central Criminal Court (2019)
Defendant acquitted of attempted murder and GBH after the front seat passenger in his vehicle was caught on CCTV shooting a man at point blank range in a busy North London street.

R v Brown, Inner London CC (2017)
Nurse accused of stealing drugs from children's hospital based on evidence from 'Omnicell' electronic drugs cabinets. Acquitted following successful submission of no case to answer. Reported in the Evening Standard here.

R v Newland, Manchester CC (2017)
Led junior in the appeal and re-trial of what was described as 'one of the most extraordinary and controversial criminal cases of recent times'  in which the Defendant was alleged to have adopted a male persona in order to have a relationship with their female best friend. High-profile case which was reported in the Guardian here, the Mail here and the Telegraph here.

R v Amin, Southwark CC (2013)
Leading Junior in trial of Defendant alleged to have assisted in disposing of the body of a young woman murdered by members of her family in a so-called 'honour-killing'. Reported in the Telegraph here, the Daily Mail here, the Evening Standard here and ITV News here.

Overview

Tom has brought his analytical and advocacy skills to bear on large-scale complex frauds brought by the Serious Fraud Office, Trading Standards and the Department for Business, Innovation and Skills amongst others. He is particularly well-known for his expertise in confiscation proceedings and has co-authored 'The Confiscation Manual' - a practical guide to the proceeds of crime.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

R v Ahmet, Southwark Crown Court (2023)
Leading junior for defendant charged with conspiracy to defraud NatWest bank of over £1m, by way of fraudulent loan applications.

R v HK, Preston Crown Court (2022)
Defendant acquitted of laundering the proceeds of an astonishing Bitcoin fraud in which £21m was stolen from a cryptocurrency trading website following exploitation of a ‘glitch’ in the code. Vast sums were then traded by the defendant and used to purchase gold, property and fiat currency in Dubai. 

R v FP, Southwark Crown Court (2022)
Ten week trial appearing as leading junior for defendant charged with a conspiracy to launder the proceeds of a £13m boiler room fraud.

R v Padda, Central Criminal Court (2019 – 2021)
Leading counsel in confiscation proceedings arising out of large scale excise fraud and money laundering in which it had been estimated that the turnover of the operation was in excess of £60m. Final confiscation order made in the sum of just over £500,000.

R v Gohil, Southwark CC (2019 – 2020)
Representing solicitor convicted for laundering the proceeds of corruption by James Ibori - the former governor of Delta State, Nigeria – in his confiscation proceedings. Large number of extremely complicated issues relating to trust and business structures in the UK and abroad. Total benefit figure sought in excess of £40m.

R v Gold, Southwark CC (2018 - 2019 ) ‘Operation Amazon’
Complex multi-million pound confiscation proceedings arising from what was said to be the most complex tax fraud ever investigated by HMRC. Read the report in the Mail here.

R v Hameed, Southwark CC (2019)
Lengthy and complicated Proceeds of Crime Act proceedings in which the Crown were initially seeking in excess of £100m. Reported in The Times here and the Mail here.

R v Bond, Southwark CC (2018) 'Operation Twilight'
Led junior in large-scale Conspiracy to Cheat the Revenue relating to a fraudulent scheme to obtain sideways tax relief from bogus film development companies.

R v Ahmed, Southwark CC (2017 - 2018)
Leading junior for Defendant charged with a conspiracy to launder the proceeds of a series of brothels in central London, totalling millions of pounds over a period of years.

R v Reader, Woolwich CC (2018)
Led junior representing one of the Hatton Garden safety deposit box burglars in their confiscation proceedings. The burglary was said to be the largest ever in British legal history and attracted international publicity. Read reports from The Guardian here, The Independent here, The Telegraph here and The Mirror here.

R v Xu, Southwark CC (2016 - 2017) & Corbiere v Xu [2018] EWHC 1650 (Ch); [2018] 4 WLR 125
Led junior defending in a private prosecution brought by a large hedge fund against a former employee in relation to the loss of millions of pounds worth of confidential intellectual property. Prosecution represented by two Queen's Counsel, one junior Counsel, one corporate solicitors' firm and one specialist prosecution firm. Case required detailed understanding of quantitative analysis, computer coding and the use of Optical Character Recognition software.

Further representing the same defendant in contempt of court proceedings brought by the same complainant in the Chancery Division and the Court of Appeal (Civil Division).

R v Byrne, Southwark CC (2016)
Led junior and junior alone for the main Defendant in two prosecutions for large-scale 'boiler room' and land-banking frauds. Total alleged loss said to be in the region of £9m.

R v Maclean, Truro CC (2014)
Leading junior in multi-handed fraud representing architect alleged to have secured fraudulent investments for multi-million pound building developments throughout Cornwall.

R v Advani, Croydon CC (2009-2011)
Large-scale fraud dating back to 1984 arising out of the collapse of the Johnson-Matthey Bank. The size and scope of the original investigation was a significant impetus in the establishment of the Serious Fraud Office.

Overview

As lead author on The Protest Handbook, Tom specialises in upholding protestors' rights under Articles 8, 10 and 11 of the European Convention on Human Rights and challenging the excessive or unlawful use of force by police officers. Tom's practice in this area includes high-profile cases such as the 'Rotherham 12', the 'Occupy Parliament' demonstrations, R v Caroline Lucas MP and R v Zac King and Alfie Meadows.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

DPP v Manchester Magistrates Court, ex p Wood and Haslam [2024] 1 Cr. App. R. 12
Successfully represented Ruth Wood, who called Iain Duncan Smith ‘Tory Scum’ as he left the Conservative party conference in Manchester in 2021. In light of defence submissions on the right to free speech, the Chief Magistrate of England and Wales acquitted Ms Wood of intentionally causing harassment alarm or distress. The DPP applied to the Chief Magistrate to state a case for the consideration of the High Court. Following submissions on behalf of the acquitted defendants, the application was refused on the basis that it was ‘frivolous’. The DPP thereupon applied for permission to judicially review the refusal and the acquittals. Again, submissions were made on behalf of the defence and permission was initially refused, before being granted following an oral hearing.

Following a contested hearing before the High Court against Senior Treasury Counsel, in which Tom led Elena Papamichael on behalf of Ms Wood, the application was refused. The judgment deals with a number of complex legal issues, including the need for a proportionality assessment in such cases, how Article 10 of the ECHR is taken into account where there is a ‘reverse burden’ on the defence to show that their conduct was reasonable and the scope of review in cases involving Convention Rights. Read press coverage of the trial in the Telegraph here and in the Express here. Read press coverage of the High Court proceedings in the Guardian here and here.

R v MB, Cambridge Crown Court (2024)
Appearing, together with Owen Greenhall, on behalf of animal rights protestors who had campaigned against the vivisection industry and the treatment of beagles bred for use in animal testing. The defendants also accepted using covert cameras and tracking devices in order to monitor the activities of the companies involved, in order to investigate whether criminal offences were being committed by those organisations. Following a five-week trial at Cambridge Crown Court, both were unanimously found not guilty of 'Stalking Causing Serious Alarm or Distress' and 'Interfering with Contractual Relations so as to Harm an Animal Research Organisation'.

R v Frey and others, Inner London Crown Court (2022-2023)
R v Crawford and others, Lewes Crown Court (2022-2023)
Representing numerous defendants, and leading the legal argument on behalf of all defendants, in relation to charges of committing a public nuisance, arising from direct actions protests carried out under the banner of ‘Insulate Britain’.

R v RS and others, Wood Green Crown Court (2023)
Representing two defendants of twelve charged with conspiracies to commit criminal damage. Members of ‘Beyond Politics’ / ‘Burning Pink’ threw pink paint over a number of charities and political parties’ headquarters and planned to do the same to various trade unions in order to prompt the organisations in question to take stronger, more urgent action in relation to the climate catastrophe. Defendants acquitted following a five-week trial.

Read press coverage in the Guardian here and the Mail here.

R v Ponsford, Bristol Crown Court (2021-2022)
Tom represented the first defendant in one of the most high-profile cases of recent times, the trial of four defendants for toppling the statue of Edward Colston, the notorious 17th-century slave trader. The defendants were charged with criminal damage after using ropes to pull down the statue and rolling it into the harbour, after Bristol Council had for years failed to address the distress and offence the statue caused to the local community. Their actions were reported around the world, prompting organisations and local authorities throughout the UK to confront and address the country’s involvement in slavery. Read just some of the many reports about the case here, here and here.

Roblyn v DPP, Administrative Court [2022] Env L.R. 16
Successful appeal by case stated against District Judge’s decision to convict a HS2 protestor of an offence contrary to  s.241 of the Trade Union and Labour Relations (Consolidation) Act 1992, after he climbed a tree to prevent wildlife crimes being committed. The High Court ruled that the defendant should have been acquitted and confirmed that HS2 did not provide any kind of immunity from prosecution.

R v Atkinson, City of Westminster Magistrates Court (2020)
Representing XR demonstrator charged with Trespass on a Protected Site after climbing the Elizabeth Tower at the Houses of Parliament to protest against the government’s inaction on climate change.

Stansted 15, Chelmsford Crown Court (2018-2019)
Acting on behalf of two of the fifteen Defendants charged under the Aviation and Maritime Security Act 1990 with Endangering Safety at an Aerodrome after entering into Stansted Airport and chaining themselves around the base of a Boeing 767 in order to prevent it being used to deport individuals to countries where their lives were in danger.

The case has attracted widespread international attention. Read reports from the Guardian: ' Stansted 15: no jail for activists convicted of terror-related offences' and Stansted protesters believed deportees were at risk of death, court told.

R v Saleem, R v Sultan, Sheffield CC (2016 and 2018)
Representing two of the 'Rotherham 12', all of whom were acquitted of violent disorder on the grounds that they were defending themselves and their community after a peaceful demonstration was directed into the path of far-right football hooligans. Ten defendants were unanimously found Not Guilty by a jury and the remaining two were later acquitted after the Prosecution offered no evidence against them, following revelations about the credibility of the Silver Commander in charge of policing the protest.

Read the reports from the Independent here, the Guardian here, Channel Four News here, The Mail here and Socialist Worker here

R v GP, Lewes CC (2016)
Defendant acquitted of violent disorder after confrontation with members of the EDL. Cut-throat defence against the other six defendants, all of whom were participants in the far-right 'March For England'.

R v YI, Southwark CC (2015)
Defendant acquitted after a trial for violent disorder following her participation in the 'Million Mask March' in London on 5th November 2014.

'Occupy Democracy' City of Westminster MC (2015)
Together with Owen Greenhall, between them, representing thirty protestors over a series of ten trials arising out of the 'Occupy Democracy' demonstrations in Parliament Square in Autumn 2014. Not a single demonstrator was convicted.

Read the press coverage here.

R v Lucas and others, Brighton MC (2014) 'Operation Mansell'
Representing Caroline Lucas MP and others charged with offences arising out of a peaceful sit-down demonstration, protesting against a fracking operation being set up outside the small village of Balcombe. Following a six-day trial, not only were the Defendants acquitted of all charges, but the District Judge went on to rule that the conditions imposed on the protest by the police were unclear, without proper foundation and unlawful.

Read the reports from The Guardian here and here, The Independent here, the Times here and the BBC here and here.

R v Zac King, Woolwich CC (2013)
On 9th December 2010, Alfie Meadows and Zac King were both struck on the head by police batons whilst peacefully protesting in Parliament Square against the exorbitant rise in tuition fees being introduced by the coalition government. Alfie was nearly killed by the blow. Both young men then found themselves charged with Violent Disorder and facing a Crown Court trial. Tom's cross-examination of the Silver Commander challenged the Metropolitan Police's decision to 'kettle' hundreds of schoolchildren until late at night in the middle of winter. After a four-week trial, the jury returned within a short time to unanimously acquit both Defendants.

Read extracts from Tom's cross-examination and closing speech here and here.
Read the New Statesman's observations on the trial here and here.
Read the reports from The Independent here, The Guardian here and the BBC here.

R v Jahnke, Cambridge MC (2009)
Protestor who threw a shoe at Chinese Prime Minister, Wen Jiabao, acquitted.
Read reports in The Guardian (1 June 2009) here, The Guardian (2 June 2009) here, and Time magazine here.

Overview

Tom has a strong track record in having convictions quashed and sentences reduced where previous Counsel had advised there was no merit and where the Single Judge has refused leave.

Tom acted in R v Bassett, the leading case on the offence of voyeurism and R v Court, the leading case on the definition of 'keeping a disorderly house'. He also appeared as Leading Counsel in R v McNally which dealt with the question as to whether alleged deception as to gender could nullify consent in sexual offences. He acted in R v Stephens and R v Margelis which dealt with questions of statutory interpretation arising from the Modern Slavery Act 2015 and the Explosive Substances Act 1883 respectively. Tom appeared in R v Stockli and R v Gohil and Preko which deal with issues relating to abuse of process and disclosure.

He is more than happy to take instructions pro bono in relation to the merits of making renewed applications.

Tom is the Treasurer for the Criminal Appeal Lawyers Association.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

DPP v Manchester Magistrates Court, ex p Wood and Haslam [2024] 1 Cr. App. R. 12
For details see under ‘Notable Protest Cases’

R v Pierini [2024] 1 Cr. App. R. 15; Archbold §3-222
Appeal against conviction relating to defendant’s ability to join criminal proceedings from abroad by live link.

R v Deghayes [2023] EWCA Crim 97; Archbold §25-184
Successful appeal against sentence on the basis that a speech in a mosque had not been delivered to a ‘targeted audience’ and so should have been placed in a lower category when assessing culpability.

R v Stephens [2022] EWCA Crim 410; Archbold §19-441
Challenge to conviction on the basis of the meaning of ‘adult’ for the purposes of s.2 of the Modern Slavery Act 2015.

R v Margelis [2022] 1 Cr. App. R. 3; Archbold §23-85
Defendant charged with possessing explosive substances as part of an intricate fraud using the postal network. Appeal on the definition of ‘pyrotechnic effect’ for the purposes of the Explosive Substances Act 1883. 

Read the article in the Times here, the Evening Standard here and the Mirror here.

R v Taylor [2021]
Extended sentence quashed and replaced with hospital order, following fresh psychiatric evidence.

DPP v Neale [2021] 2 Cr. App. R. 9 
Conviction for obstructing a police officer quashed on appeal by way of case stated. The defendant was not under any duty to provide his name and address to a police officer so that a fixed penalty notice could be issued under the Coronavirus Regulations.

R v Coltman [2019] 2 Cr. App. R. 35; Archbold §23-87 
Interlocutory appeal arguing that a public interest defence should be read into the Computer Misuse Act 1990, so as to render it compatible with Articles 2, 3, 8 and 10 of the European Convention on Human Rights.

R v Stockli [2018] 2 Cr. App. R. 29; Archbold §31-33
Whether it amounted to an abuse of process for the Crown to charge a defendant with the offence of public nuisance, contrary to public law when alternative statutory offences were available.

R v Gohil and Preko [2018] 1 Cr. App. R. 30; Archbold §7-222b
Acting on behalf of the second applicant seeking leave to re-open a previous appeal on the basis of material non-disclosure by the Crown.

R v VSJ and others [2017] 1 Cr. App. R. 33; Archbold §17-105
Representing three out of the six appellants, all of whom were victims of human trafficking, in a specially convened conjoined appeal considering the relationship between the pre-existing law and the Modern Slavery Act 2015, the law on duress and the role of the Competent Authority.

R v McNally [2013] 2 Cr. App. R. 28; [2014] Crim LR 3, 207-223; [2014] Crim LR 7, 492-510; Archbold §20-23
Leading Junior in this key authority on what can and cannot vitiate consent for the purposes of the Sexual Offences Act 2003. The young female appellant was alleged to have deceived another female into believing she was male prior to having sexual relations. Following an expedited hearing, the sentence of imprisonment was quashed and replaced with a suspended sentence leading to the appellant's immediate release from custody.

Read articles in New Statesman here, the Mirror here and the Daily Record here.

R v Court and Gu [2012] 1 WLR 2260; [2012] 1 Cr. App. R. 36; Archbold §20-242
One prostitute, working by herself from an address and simply carrying out straight-forward sexual services was not sufficient to amount to the ancient common law offence of 'keeping a disorderly house'.

R v Bassett (2008) Crim LR 998; (2009) 1 Cr App R 7; (2009) 1 WLR 1032; Archbold §20-209
Leading case on the offence of voyeurism under section 67 and 68 of the Sexual Offences Act 2003. Conviction quashed by Court of Appeal who agreed that the reference to 'breasts' in s.68 does not include a man's breast areas. Defendant initially represented pro bono after leave to appeal refused by Single Judge.

Read reports in The Sun here, The Telegraph here and The Daily Mail here.