Simon has an almost wholly defence practice in the Crown Court and Court Martial. He is regularly instructed to represent vulnerable defendants for whom he displays great understanding and patience. Simon has developed the skills to gain the confidence of those who are least able to express their instructions. He provides clear, direct and unequivocal advice to lay clients. As a former regular serviceman Simon has a sound grasp of the Values & Standards of the Armed Forces which enable him to approach the Court Martial in a style and tone best suited to engage the tribunal.
Simon has extensive experience of defence trials in cases of murder; manslaughter; causing death by dangerous driving; sexual offences; drugs conspiracies; all categories of offences against the person; all categories of property offences including Fraud; burglary; and theft.
Simon is skilled in the exploitation of IT both to analyse evidence and also to present his client’s cases. He is always prepared to attend conference with clients at solicitors’ offices or elsewhere, and to make site visits as part of the trial preparation process. For Court Martial cases Simon is always willing to see clients and their Assisting Officer’s at a place and time most convenient to the demands of their service lives-
Reported Cases
R v Montgomery PANGETTI [2008] EWCA Crim 3120 (Appeal Sentence)
R v Michael DAWSON [2007] EWCA Crim 322 (Appeal Sentence)
R v Rizwan HUSSAIN [2009] EWCA Crim 2582 (Appeal Sentence)
Notable Cases
R v Private T – April 2012. This soldier experienced a traumatic Operational tour in Afghanistan where he performed creditably, but developed PTSD as a result. Upon his return he became unable to deal with the condition and absented himself periodically. Unfortunately, Army doctors did not recognise the condition and Pte.T was sent for Court Martial. Within a period of 4 weeks Simon was able to adjourn proceedings; obtain funding for an Expert Psychiatric report; and mitigate the sentence to admonishment and a recommendation that Pte T be considered for medical discharge. The Court Martial Board did not direct that he be dismissed from HM Service. Simon comments that ..” this was a particularly rewarding case because Pte. T was a good soldier who had done his duty in Afghanistan, and suffered as a result, he did not deserve to be punished through a Court Martial.”
R v Christopher SIRRS [2006] EWCA Crim 3185 ( Appeal Conviction) – a lengthily litigated appeal conviction arising from the racially aggravated disorder in Hull in summer 2003. The appellant was convicted of many offences, some of which relied upon the evidence of tainted witnesses. The appeal centred upon issues of non-disclosure of undermining material and PII. The CofA quashed 2 convictions.
Publications
Yorkshire Lawyer – with Ian Phillip – Fast Track to Injustice – pitfalls in the use of fast track DNA profile evidence. Published summer 2010
Seminars
Zenith Chambers: Court Martial Representation – Catterick Garrison – April 2012
Zenith Chambers: Criminal Law Update – Autumn 2011

