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Simon Clarke
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Simon was awarded the Hardwicke and Sir Thomas More scholarships from Lincoln's Inn.
General Criminal Practice
Simon is appointed as a grade 4 Prosecutor by the London CPS. He both prosecutes and defends at the highest levels in the criminal courts across the country. In particular he is regularly instructed to prosecute and defend in murder, multiple rape, indecency matters and in cases involving allegations of serious violence. Simon also regularly acts in major fraud cases. He has and continues to appear as leading junior both for the prosecution and defence
Tachographs: Drugs Importation & Vehicle Related Crime
Having undertaken much work in Kent, Simon has built up a considerable experience and expertise in prosecuting and defending those charged with the importation on drugs, often through Dover in heavy goods vehicles and particularly where the prosecution rely on Tachograph analysis evidence. Road deaths is another area in which Simon has much experience. In this respect Simon has established many contacts with experts in all aspects of vehicle related crime.
Simon is also regularly instructed to appear in the Court of Appeal in cases where he did not appear at the first instance.
Simon enjoys hill walking, travel, old films and reading. Simon is a life long motorcyclist.
Notable Cases
Court of Appeal:
R v Gal
Importation of Firearms
R v Avis test adopted and expanded upon in relation to the importation of firearms into the UK. Reported
R v Cummings
Possession and supply of class A drugs, Possession of a firearm.
41/2 years imprisonment quashed and drug treatment & testing order substituted - first such order made by C of A.
R v Seager & ors
Importation of Class B
Standard of proof where the co-accused relies on Randall cut-throat evidence.
R v Willoughby
Manslaughter & Arson
Overlap between Gross negligence and unlawful act manslaughter; did a pub landlord owe a duty of care to his co-conspirator in their joint enterprise to destroy the pub by arson and where the co-conspirator dies as a result of their joint actions, or rather was he guilty of unlawful act manslaughter.
R v Laverick
Murder
Conviction quashed 4 years after trial following disciplinary proceedings against prosecution pathologist.
R v Wells
Fraud
Conviction quashed where ID evidence misled the court
R (Doughty) v Ely Justices
Expert Evidence
Established rule that an expert witness in proceedings has sufficient interest such that he may seek Judicial Review of magistrates decision affecting his expert status & opinion.
Crown Court
R v S
Rape, Incest
30 years campaign of assault against daughter resulting in 8 pregnancies (4 abortions and 4 children)
R v Todd
Importation of class A drugs
Importation of drugs by Northern Ireland terrorist organisation.
R v Apps & Dyer
Murder
2 handed murder. R v Powell, R v English joint enterprise case. Indictment stayed where sole eye witness to killing commits suicide and s.23 CJA 1988 application fails.
R v Gibson
Rape
Rape by 15 year old boy of his 5 year old male cousin
R v Crewe & 2 ors
Murder
3 handed homophobic murder, victim lured via telephone chat line.
R v Samuels
Importation of Class A and firearms offences
Defence of duress by drugs importer and keeper of gang firearms.
R v Munnerley
Murder
Homophobic murder of 'cottaging' male where defendant diagnosed as suffering from a phobia of homosexuality.
R v Haller
money laundering
Russian 'mafia' money laundering / re-purchasing of stolen religous artefacts.
R v L
Rape
Rape of wife, following divorce historic abuse by single parent father against daughters.
R v Matharu
Murder
'Othello Syndrome' as a defence to murder.
R v A
Rape and associated offences
Organised historic abuse by father against his children.
R v Mangena
Fraud
£3.2 Million fraud by 6 members of Seventh Day adventist church against fellow congregants. Hung jury and retrial.
R v Cai
Murder
Vietnamese cannabis farmers; Kidnap, extortion, torture, starvation & murder of fellow gang member as punishment for stealing product.
R v Kamara
Murder
Gang fight resulting in murder of non-participant, 20 defendants.
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CALL:
- 1997
INN & DEGREE:
- LLB (Hons.) First Class (UEL)
- ICSL
AREAS OF WORK:
- Crime
- Murder and other Violent Crime
- Drugs Importation
- Drugs Possession and supply
- Fraud
- White-collar Crime
- Sex Offences
- Vehicle-related Death and Serious injury
- Prison law
- Road and Passenger Transport regulatory Law
- Asset Forfeiture & Confiscation
MEMBERSHIPS:
- Professional Memberships
- Criminal Bar Association
Pupil supervisor
EMAIL: clerks@3tg.co.uk
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