David Toal
PRACTICE
David provides expert advice and advocacy in criminal cases of the utmost complexity and gravity. He is a specialist criminal Barrister with significant experience in all aspects of serious crime including the following areas of work:-
- Murder
- Large-scale Drugs/Firearms cases (including importations)
- Serious Sexual/Violent offences
- Large Scale/Multi-handed Conspiracies & Organised Crime (including cases with international aspects)
- Fraud (including "e-bay" related crime), Confiscation and Money Laundering
- Driving/Vehicle Crime (including fatal road traffic offences)
David has developed and maintained an extremely busy and heavyweight criminal practice which is made up of predominantly defence work. He has regularly been instructed in substantial cases and in matters requiring the most extensive preparation. His reputation has resulted in him frequently representing individuals in high profile cases which have attracted both local and national publicity including acting for numerous Appellants in cases before the Court of Appeal. He has also been instructed to prosecute significant cases for both the CPS and the Serious Organised Crime Agency. He is a Category 4 CPS Prosecutor and is also on the specialist list of approved counsel able to be instructed to prosecute serious sexual offences.
He always seeks to provide clear advice in the early stages of any case. Whether dealing with professional or lay clients, his personable manner and ‘inclusive’ style inspire trust and confidence. Once a case reaches trial his meticulous preparation is clearly apparent and he provides advocacy of the highest order.
SERIOUS CRIME AND FRAUD
Set out below are some examples of cases which he has been involved in:-
- R-v-ASHURST - The 'Louise Sellars case'. Defendant charged with murder of 15 year old Wigan schoolgirl, Louise Sellars. The case attracted national publicity as Defendant re-arrested 5 years after her death (and his original arrest) following advanced DNA techniques on a cigarette end found near to the body.
- R-v-PITT (& OTHERS) – Represented a high-ranking member of the Manchester gang, ‘The Pitt Bull Crew’, in the Crown Court and Court of Appeal. The gang members were charged with being involved in murder, possessing and using firearms/ammunition and drug dealing.
- R-v-RAJKUMA – Defendant charged with Soliciting to Murder his wife. The case revolved around his recorded dealings with an undercover Police Officer masquerading as a hit-man.
- R-v-ASAM – Defendant charged with the serious Sexual Assault of a patient whilst he was employed as a male nurse at a hospital. Given the nature of the case it attracted a great deal of publicity and was carefully monitored by the medical authorities.
- R-v-HORROCKS (& OTHERS) - The 'Frank Buckley' murder case. Represented one of the principal Defendants. Those charged were doormen from Yates' Wine Lodge in Swinton, Manchester. A violent incident inside and outside led to the death of a customer. The case attracted prolonged national publicity.
- R-v-HOLLAND (& OTHERS) - 'Operation Piranha'. Instructed as a leading junior to prosecute 19 Defendants charged following large-scale organised football violence.
- R-v-JOY – Represented the Defendant charged with Murder in complex case involving detailed neuro-pathological evidence to determine whether the brain injury that led to the death was caused by violent trauma following assault or ecstasy use.
- R-v-DEMPSEY (& OTHERS) - Represented the principle Defendant charged with Murder. The case involved the stabbing to death of the deceased by a gang of youths in Manchester and attracted widespread publicity.
- R-v-SMITH – Represented 15 year old boy charged with Murder of a male who ultimately died due to an asthma attack following a serious assault in the street. Complex medical issues re: causation as to whether the asthma attack was caused by the assault or from his pre-existing condition. Attracted national publicity.
- R-v-BRIERCLIFFE (& OTHERS) – Represented one of the Defendants charged with Manslaughter. They attended the flat of an alleged paedophile who in fear jumped from his balcony and died. Causation was a complex and crucial issue. Defendant acquitted.
- R-v-HOLLAND/HUNT (& OTHERS) – Represented two Defendants in the large ‘Eon employee’ fraud case and also dealt with the pursuant confiscation proceedings
- R-v-WEST – Defendant charged with numerous rapes and other serious sexual offences. His victims included children his family had fostered in the 1970s & 1980s. Complex and significant issues of disclosure to deal with.
- R-v-PILKINGTON (& OTHERS) – Represented a serving prisoner charged with Manslaughter involving attack on a fellow prisoner which led to his death. Given the circumstances and location of the killing there were significant issues relating to disclosure and bad character.
- R-v-HEATHCOTE (& OTHERS) – ‘Operation Incrusto’. Represented one of a group of Defendants charged with a large scale Conspiracy to Import Heroin on a massive scale from Holland. Defendant acquitted.
- R-v-TAYLOR (& OTHERS) – ‘Operation Greengage’. Represented one of the principal Defendants in the largest UK importation case to date. A complex conspiracy involving the importation and supply/transfer of drugs, firearms and ammunition.
- R-v-KHAN (& OTHERS) – Represented the principal Defendant charged with Murder. Involved a pre-planned execution over unpaid monies following an agreement not to give evidence in separate criminal proceedings.
- R-v-OROBIYI (& OTHERS) – Represented the principal Defendant involved in a well-organised Conspiracy to arrange sham marriages between EU nationals and Nigerian males. The case attracted national publicity. The Defendant was acquitted.
- R-v-BOOTH (& OTHERS) – Represented the Defendant charged with offences relating to the large-scale importation of cigarettes and alcohol in order to avoid excise liability.
- R-v-OWOLABI (& OTHERS) – Represented the principal Defendant charged with Conspiracy to Rape. Case involved the Defendant arranging to meet a female via a social networking site and then allegedly arranging for her to be detained and repeatedly raped by him and his friends. Defendant acquitted.
- R-v-FURNIVAL – Represented 15 year old Defendant charged with repeatedly raping his sister when she was between 5 & 7 years old. He was found unfit to plead and so a trial took place to determine whether he had ‘done the acts’. Defendant acquitted of the most serious charges.
- R-v-CARROLL (& OTHERS) – Represented the Defendant charged with Murder. Case involved the Defendant and others repeatedly assaulting the deceased before robbing and stripping him and throwing him in a brook. Complex issues of joint enterprise and causation given the ultimate cause of death was found to be drowning.
- R-v-SPENSLEY (& OTHERS) – Defendant and others charged with a multi-million pound Conspiracy to import cocaine from the continent in one of the most sophisticated operations ever dealt with by customs authorities. The Defendant represented by David was acquitted.
- R-v-SCHOFIELD – Represented 17 year old Defendant charged with Murder of another 17 year old by stabbing. Numerous psychiatric issues given the mental health of the client. This case attracted national publicity right from the outset.
- R-v-MURDOCH (& OTHERS) – Represented one of numerous Defendants charged with large-scale and organised football violence. Defendant acquitted.
DRIVING AND VEHICLE CRIME
Set out below are some examples of cases which he has been involved in:-
- R-v-EVANS – Death by Dangerous Driving where 21 year old female killed whilst passenger in vehicle travelling at excessive speed by driver over the alcohol limit.
- R-v-WYNNE – Death by Dangerous Driving. David represented the Defendant in both the Crown Court and the Court of Appeal. The case is now a leading sentencing authority and is reported in Current Sentencing Practice.
- R-v-BATES (& OTHERS) - 'Operation Lambeth'. Multi-handed conspiracy involving very large scale and long term dealings in stolen cars and their parts. Particularly complex as issues and allegations regarding the complicity of Police Officers from the Stolen Vehicle Squad. Case monitored throughout by disciplinary department of Greater Manchester Police to ascertain whether any criminal charges or disciplinary measures were appropriate for individual Officers
- R v-CASALES (& OTHERS) – Represented one of the directors of UK North and GM Buses Enterprises Ltd charged with Conspiracy to Defraud. Case involved the falsifying of documents used in proceedings before the Traffic Commissioner to cover up breaches of driving regulations. This case was reported nationally which included an investigative TV programme. David represented the only Defendant acquitted.
- R-v-WILLIAMS & DARBYSHIRE – The Defendants, one of whom was a serving Police Officer, charged with Conspiracy to Pervert the Course of Justice relating to falsifying driving documents and police records to avoid prosecution for driving offences. Case dealt with and monitored by senior Police Officers from the internal disciplinary department.
PERSONAL
LLB (Hons).
Member of Gray’s Inn.
Member of the Criminal Bar Association.
Married with 2 children. Interests include all sports but particularly football.
