Garden Court Chambers Website

Garden Court Chambers
www.gardencourtchambers.co.uk / info@gardencourtchambers.co.uk


Garden Court Chambers Logo





Home »  Barristers »  Tom Wainwright

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.

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 8, 10 and 11. Many cases won on the basis that the police officers involved were acting outside the execution of their duty or that their actions were disproportionate.

Serious Fraud
Currently acting for the Defence in large prosecutions brought by the Serious Fraud Office and Department for Business, Innovation and Skills. Also has wide experience in smaller scale frauds.

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 had advised there was no merit in an 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 February 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 March 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
(24 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 Barrowes [2010] EWCA Crim 1293, CA
Conviction quashed due to material misdirection in summing up on partial identification. Assistance given in relation to directing the jury in cases whereby, following R v Barry George, such evidence is deemed admissible. Initially appearing pro bono, Single Judge having refused leave.

Regina v Burciu [2010] EWCA Crim 845, CA
Sentence for stealing bankcards and cash from an ATM machine reduced, leading to Appellant's immediate release.

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 man's breasts. Defendant initially represented pro bono after leave to appeal refused by Single Judge.
Read reports in The Sun, The Telegraph and The Daily Mail.

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 Pun, Ipswich CC (2010)
Multi-handed conspiracies to facilitate illegal immigration, sell counterfeit goods, obtain property by deception and money laundering.

Regina v Sharp, Isleworth CC (2009)
22 historical counts of rape, s.18 and false imprisonment.

Regina v Borg and others, Central Criminal Court (2009)
Multi-handed conspiracy to murder involving CCTV and cell-site evidence.

Regina v Brewster and others, Snaresbrook CC (2008)
Conspiracy to transfer firearms. Prosecution case relying on undercover police officers.

Regina v Vu and others, Southampton CC (2007)
Large scale conspiracy to cultivate cannabis in factories across London and the South of England.

CROWN COURT (JUNIOR ALONE)

Regina v Laurence and others, Inner London CC (2010)
Protestors acquitted of obstructing police by preventing them from taking photographs of a political meeting. Prosecution had failed to prove that the police action was justifiable in accordance with Article 8 of the European Convention on Human Rights.

Regina v Williams, Blackfriars CC (2010)
Defendant acquitted of serious assault following cross-examination of Prosecution psycho-pharmacologist on the possibility that the smoking cessation drug Varenicline had combined with alcohol to produce a state of automatism.

Regina v Wallace, Winchester CC (2010)
Kidnapping and Possession of an Imitation Firearm with Intent to cause Fear of Violence.

Regina v Ghaboli, St Albans CC (2010)
Defendant acquitted of Possession with Intent to Supply Class A drugs after his fingerprints were found on incriminating articles in a 'cocaine factory'. Cross-examination of the forensic scientists and police officers involved demonstrated that the danger of cross-contamination and transference was too high for the jury to be sure of the Defendant's involvement.

Regina v Olver, Teesside CC (2009)
Largest ever drugs seizure in North East England.

Regina v MP, Inner London CC (2009)
Defendant acquitted of a large scale cash-in-transit robbery.

Regina v Da Silva, Isleworth CC (2008)
Defendant acquitted of importing 500g of cocaine hidden inside a chopping board found in his suitcase.

Regina v Monk, Snaresbrook CC (2008)
London Asset Recovery Team seeking £4 million confiscation order including £1 million hidden assets. Through examination of the paperwork it was possible to demonstrate the provenance and destination of most of the sums passing through the Defendant's numerous bank accounts. After protracted negotiations the Prosecution conceded 90% of the cash they sought.

Regina v Coelho, Oxford CC (2007)
Client charged with sexual assault on a 14 year old girl, found unfit to plead and acquitted.

MAGISTRATES' COURT

Regina v A and others, City of Westminster (2010)
Protestors acquitted of failing to comply with condition imposed on a protest on the basis that the Superintendant's order imposing the conditions was not compliant with Articles 10 and 11 of the European Convention on Human Rights.

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

Regina v A and others, Cardiff MC (2009)
Police acting outside the execution of duty by arresting protestors based upon intelligence not disclosed to the defence.

Regina v Shah and others, Birmingham MC (2007)
Largest illegal dog-fighting case ever to take place in Western Europe.

Professional Memberships

South Eastern Circuit
Criminal Bar Association
Liberty
Bar Pro Bono Unit

Profile updated August 2010

 Tom Wainwright

Year of Call
2003

Education
MA (Oxon) Jurisprudence

Send Email

Telephone
020 7993 7600

Practice Areas
Tom Wainwright is a member of the following Practice Areas:
- Crime
- Fraud & Regulatory
- Planning & Environmental Law

GARDEN COURT CHAMBERS, 57- 60 Lincoln's Inn Fields, London WC2A 3LJ
Telephone: 020 7993 7600, Fax 020 7993 7700 | info@gclaw.co.uk
The Garden Court Chambers Website conforms to W3C's "Web Content Accessibility Guidelines 1.0", level A.

Garden Court Chambers, 57- 60 Lincoln's Inn Fields, London WC2A 3LS
Telephone: 020 7993 7600 / Fax 020 7993 7700 / Email: info@gclaw.co.uk

© 2010 Garden Court Chambers