Benjamin Myers
Practice:
· Serious and complex criminal law, instructed by defence and prosecution; murder, fraud, drug trafficking, national and international organized crime, anti-terrorism legislation, money laundering and hearings under the Proceeds of Crime Act 2002, rape, historic sexual abuse, armed robbery, wide experience of appellate matters.
· Public law; judicial review relating to criminal law, police powers, mental health, prison law.
· Human rights; criminal law, prison law and actions under the Human Rights Act 1998.
· Category 4 prosecutor, specialist rape prosecutor, instructed by SOCA.
Ben is instructed consistently in cases of the utmost gravity and is described as a ‘polished and focused’ advocate with excellent judgement (Chambers and Partners). Clients regard him highly for his meticulous preparation, his knowledge of the case and his approachability. He is instructed regularly in advisory work at all stages of proceedings, from pre-action and investigation to appeal.
Ben lectures other legal professionals on criminal law and human rights and has been a tutor in the protection of rights in international law at the University of Leeds. He has been ranked consistently as a leading junior in crime on the Northern Circuit in Chambers Guide to the UK Legal Profession. He is a member of the Criminal Bar Association and JUSTICE and a member of the Law Reform Committee of the Bar Council. He is a former Junior of the Northern Circuit.
Notable cases include
· R v Cooke and others: ‘gangland killing’ of businessman whose partially burnt body was discovered in a field in Cumbria
· R v Khan and others: ‘honour killing’ by professional hit man.
· R v Parker and others: importation of illegal firearms into UK from overseas. These included handguns, silencers and ammunition concealed in a motor vehicle and brought into the UK from Eastern Europe
· R v Khaliq: rape and child prostitution
· R v Niem Mohammed: faith healer prosecuted for multiple offences of deception, fraud and blackmail. A case raising complex cultural issues
· R v Kerrigan: violent rape of a student by a defendant suffering serious psychiatric abnormalities, raising complex psychiatric and neuropsychiatric issues
· R v Foster: triple death by dangerous driving by young man of good character.
· R v Service: the defendant was indicted with attempted murder after discharging five shots from a pistol in the centre of Leeds in the early hours of the morning of New Years’ Day.
· R v Wilson and others: laundering of proceeds of drug trafficking. This raised the question of the statistical significance of mass spectrometry evidence.
· R v Nuren: a conspiracy to defraud the driving standards agency that ran for eighteen months, in which the defendant and others impersonated driving test candidates to obtain driving test passes.
· R v Conteh: the defendant was one of six men charged with a gang rape. In the light of the complainant’s internet chat messages the prosecution offered no evidence.
· R v Lees and others: multi-million pound drugs importation by defendant who was a high profile figure in Northern Irish politics and business.
· R v Evans and others: murder of a nightclub doorman, lured to a park in Greater Manchester.
· Unsworth v DPP: case stated regarding the parameters of lawful excuse as a defence to criminal damage under section 5(2) of the Criminal Damage Act 1971.
Reported cases include
· R v Bevan [1999] EWCA Crim 2172 – where disparity in sentence is objectionable.
· R v Rashford [2005] EWCA Crim 3377 – murder; extension of circumstances encompassing self-defence.
· Benson,R (on the application of) v Secretary of State for Justice [2007] EWHC Admin 2055 – impact of Article 5 and common law due process when considering alleged breach of home detention curfew.
