Richard Moss successfully argued for the stay of a Manslaughter trial

At Kingston Crown Court Richard Moss successfully argued for the stay of a Manslaughter trial where the Crown sought a second retrial. Richard was led by James Mulholland KC of 23ES in these proceedings, instructed by Richard Brown of Baxter Brown McArthur Solicitors. This case had a long and somewhat unhappy history. The incident occurred in December 2019, the defendant was aged just 18 at the time. The circumstances of the case involved a robbery of a drug user/dealer by other drug users. The prosecution case was that during that robbery the unintended consequence of the violence was that the deceased fell back and struck his head suffering a catastrophic brain injury. The defendant and a co-defendant were seen to leave the scene and the deceased’s phone was subsequently said to co-locate with that of the defendant. Though first arrested a few days after the incident the defendant was not ultimately charged until a year later. The first trial was held in October 2021, the jury were hung in relation to both counts, namely of Manslaughter and Robbery. The retrial was held in November 2022, at the start of which the Crown offered no evidence against the co-defendant. The reasons for which were not disclosed. The jury convicted the defendant by majority of Robbery but were again hung in relation to Manslaughter.

The Crown then sought to take the exceptional course of seeking a third trial arguing that the evidential picture had changed by virtue of the Robbery conviction such that their case was strengthened and that the case was serious enough to justify a third trial. Meanwhile this young defendant remained remanded in custody in a state of limbo as he had done since 2020. The Crown’s application was opposed. The argument was drafted and argued orally by Richard this April 2023. It was asserted that this was not a case of the “utmost gravity” which justified a third trial and that the Crown’s argument that the evidence was strong and had been strengthened by the Robbery conviction was misconceived ignoring the structure and content of the judge’s legal directions. Furthermore, the impact of these lengthy proceedings on this young defendant had had a detrimental effect on his mental health, a clinical psychological report was obtained in support of this, such that a further trial would be oppressive. The learned trial judge agreed with the defence submissions and the proceedings were stayed.

If you want to instruct Richard or any of the other criminal law specialists at 4KBW then do not hesitate to contact Rick Gardner or Kayleigh McDonnell on 020 7822 7000