Tom Wainwright

Background

Tom has always been a devoted criminal defence barrister and is dedicated to upholding the rights of those against whom the State seek to bring criminal charges. He is an ardent supporter of the Legal Aid system and wrote the Garden Court Chambers response to the Legal Services Commission Consultation on the implementation of 'Best Value Tendering'.

In the service he provides for professional clients, he is able to bring the benefits of his experience working for a busy East London solicitor's firm representing clients at the police station and preparing cases for Defendants charged with offences including murder, rape, drugs importation and terrorism. For lay clients he provides a strong mix of fearless advocacy, in-depth legal knowledge and thorough preparation together with a sympathetic manner, common sense and good judgment.

Outside of work, Tom enjoys travel and the arts and continues his support of those desperately in need of a strong defence in his following of Sheffield Wednesday FC.

Practice

At the Bar, Tom is rapidly gaining a formidable reputation as a passionate defender and a strong advocate. He is regularly instructed in cases involving serious violence, sexual assaults, kidnapping, firearms, drug importation and armed robbery.

Tom also has a particular interest and wide experience in the following areas:

- Youth work
Acting on behalf of young people facing serious charges and Anti-Social Behaviour Order applications in the Crown Court and Youth Court. A detailed knowledge of youth court procedure and sentencing legislation.

- Protest cases
Conducting many cases based upon breaches of the European Convention on Human Rights, in particular Articles 10 and 11. Several cases won on the basis that the police officers involved were acting outside the execution of their duty or that their actions were disproportionate.

- Fitness to plead
Arguing whether clients are fit to stand their trial and effectively participate in proceedings and thereafter contesting the trial of issue.

- Abuse of Process
Successfully applying for cases to be stayed on the grounds of unfairness or Prosecution impropriety.

- Court of Appeal
Happy to take instructions pro bono in relation to the merits of renewed applications to the Court of Appeal and has successfully had convictions quashed and sentences reduced where previous Counsel has advised there are no merits in the appeal.

Tom is also a member of the Planning and Environmental Law Team and specialises in defending those charged with criminal offences arising out of their involvement in protests on environmental issues.

Publications and Appearances

'Blackstones Guide to the Criminal Justice and Immigration Act 2008'
(OUP. Published Feb 2009)
Author of Chapter 4 - 'New Criminal Offences'. Comprehensive guide to the new offences of Extreme Pornography, Hatred on the Grounds of Sexual Orientation, Nuisance on NHS Premises as well the 're-casting' of the law on self-defence.

'Abuse of Process' - Corker, Summers and Young, 3rd edition
(Tottel Publishing. Published Mar 2009)
Contributing author to chapter on 'Double Jeopardy'.

'Sex: How to do Everything' - Channel 5
(Talkback Thames. First broadcast Summer 2009)
Appearing on television documentary advising on the legality of sex in public places.

Children's Rights Day Conference
(24th September 2009)
Speaking on the current state of the law and practice in youth sentencing and highlighting areas in which the UK is falling short of its obligations under the UN Convention on the Rights of the Child.

Notable Cases

COURT OF APPEAL

- Regina v Pimm [2009] EWCA Crim 2019, CA
Partially severing the victim's tongue was not 'particularly grave' harm for the purposes of the Sentencing Guidelines and therefore the Sentencing Judge erred in taking too high a starting point. Sentenced reduced leading to appellant's immediate release. Initially advising pro bono, having not represented Defendant at original hearings.

- Regina v Ahmadzay [2009] EWCA Crim 1115, CA
Sentencing Judge erred in taking into account the prospect of future supplies as an aggravating feature when sentencing for a conspiracy to supply Class A drugs on one particular date. Sentence reduced by three years. Initially advising and appearing pro bono, not having represented Defendant at original hearings and Single Judge having refused leave to appeal.

- Regina v Bassett (2008) Crim LR 998, (2009) 1 Cr App R 7, Archbold (2010) 20-217, CA
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 mans' breasts. Defendant initially represented pro bono after leave to appeal refused by Single Judge.

http://www.thesun.co.uk/sol/homepage/news/article1171485.ece
http://www.telegraph.co.uk/news/uknews/1962326/Breasts-not-for-looking-but-pecs-are-okay-say-Court-of-Appeal.html
http://www.dailymail.co.uk/news/article-566585/Judges-rule-legal-ogle-man-boobs-womens-breasts-overturn-conviction-swimming-pool-peeping-Tom.html

- Regina v Eccleston and ors [2008] 2 Cr. App. R. (S.) 56, Archbold 2010, 1st Supplement K-392
Applicability of Sentencing Guidelines Council Guidelines on Robbery to a pre-planned robbery of a large shop by three young people.

- Regina v Jones [2007] EWCA Crim 3403
Sentence of Imprisonment for Public Protection quashed and replaced with determinate sentence leading to appellant's immediate release. Initially advising pro bono, not having represented Defendant at original hearings.

CROWN COURT (LED JUNIOR)

- Regina v Borg and others, Central Criminal Court
Multi-handed conspiracy to murder involving CCTV and cell-site evidence.

- Regina v Brewster and others, Snaresbrook CC
Conspiracy to transfer firearms. Prosecution case relying on undercover police officers.

- Regina v Vu and others, Southampton CC
Large scale conspiracy to cultivate cannabis in factories across London and the South of England.

CROWN COURT (JUNIOR ALONE)

- Regina v Picquard, Inner London CC
Defendant acquitted of a large scale cash in transit robbery.

- Regina v Da Silva, Isleworth CC
Defendant acquitted of importing 500g of cocaine found in his suitcase.

- Regina v Coelho, Oxford CC
Client charged with sexual assault and found unfit to plead acquitted.

- Regina v Monk, Snaresbrook CC
London Asset Recovery Team seeking £4 million pound confiscation order including hidden assets. Successfully opposed.

MAGISTRATES' COURT

- Regina v Martin Jahnke, Cambridge MC
Protestor who threw a shoe at Chinese Prime Minister, Wen Jiabao, acquitted.

http://www.guardian.co.uk/world/2009/jun/01/wen-jiabao-shoe-throwing-cambridge
http://www.guardian.co.uk/education/2009/jun/02/china-shoe-protest-jibao
http://www.time.com/time/world/article/0,8599,1902486,00.html

- Regina v Shah and others, Birmingham MC
Largest illegal dog-fighting case ever to take place in Western Europe.