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Practice David has practised exclusively as a criminal defence barrister in the 12 years since he was called to the Bar. Recent cases have included attempted murder (alone), large scale-cannabis cultivation conspiracy (alone), conspiracy to facilitate illegal entry (led), money-laundering (currency exchange) (led), one of the biggest harassment cases ever investigated (led) as well as a conspiracy to defraud (passports) (led). David was leading junior in a massive conspiracy to supply class A drugs which pleaded in March 2008. In 2006, David acted as junior for the second defendant in a nine-handed conspiracy to murder trial in Bristol which lasted 5 months. The case which involved two high-profile shootings was the largest investigation undertaken by Avon and Somerset police and centred to a large degree on cell-site evidence. David's client was acquitted of all counts. David regularly advises convicted prisoners on the merits of making applications to the Criminal Cases Review Commission. This entails a thorough review of the papers in their cases and can lead to the discovery of apparent irregularities in the trial process in cases where the individual has previously been advised no grounds to appeal exist. In 2006 this led to two appeals against conviction in conspiracy to rob and murder cases. The basis of both CCRC referrals and subsequent appeals being the trial judges' misdirection to the jury on adverse inferences from silence. In 2008 as a result of a review of the case of a defendant serving 7 years for rape, David obtained a 2 and a half year extension of time to appeal the conviction. The appeal, again based on a misdirection in relation to no comment interviews, resulted in the quashing of the conviction with no order for retrial. In 2007 David advised that grounds to appeal existed in relation to a murder conviction and as a direct result of the application to the CCRC drafted by him, the case has just been referred to the Court of Appeal In addition David has also judicially reviewed the CCRC in circumstances where they did not refer a case to the Court of Appeal. David appeared in the Court of Appeal in June 2007 when his client and 5 other co-defendants had their sentences for a number of robberies on trains and canal towpaths referred by the Attorney General as unduly lenient. David's was the only client whose sentence was not increased. In October 2007, David successfully appealed the imposition of a sentence of imprisonment for public protection in relation to a defendant who had pleaded guilty to grooming on the internet and sexual activity with a child. The Court of Appeal agreeing that the criteria for an IPP had not been met. David has a particular interest in the law in relation to the right to silence and has had articles published on the subject. Notable Cases R v Barwell [2007] EWCA Crim 2561 - A sentence of imprisonment for public protection was inappropriate where there was evidence to suggest that a defendant's repressed paedophilic tendencies could be controlled and minimized with effective treatment. Att.-Gen.'s References (Nos 24, 25, 26, 27, 28 and 29 of 2006) (R. v. Artan and others) [2007] 151 S.J. 1299, C.A. - Guidance on appropriate sentences for offenders committing robbery on the transport system. R v Boyle and Ford [2006] 150 S.J. 1151 CA - Effect of a fundamental misdirection in section 34 CJPOA 1994 cases on safety of conviction R v Wingrove [2006] 1 Cr.App.R.(S.) 232(41), C.A.- Importance of credit for guilty plea in sexual offences cases R v Gibson [2004] 2 Cr. App. R. (S.) 451 (84), CA - Where a legitimate expectation is given that a defendant will receive a drug treatment and testing order, it will be unjust to impose a mandatory minimum sentence of three years for domestic burglary under Section 111 of the Powers of Criminal Courts (Sentencing) Act 2002. R v Birchall [1999] Crim LR 311 CA - The first domestic authority to recognise that a failure to give accurate directions in adverse inferences from silence cases could amount to a breach of Article Six European Convention on Human Rights. Publications Legal advice to remain silent [2004] 5 Archbold News 6 (co-author Anthony Jennings QC) (Updated June 2005) Adverse Inferences from Silence - an update [2001] 9 Archbold News 6 (co-author Anthony Jennings QC)
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