Benjamin Aina KC

Call 1987
Silk 2009
0151 236 7747

Photo of Benjamin Aina KC

Practice Overview

Benjamin Aina KC is a first-class Silk with a wealth of experience in criminal law. Since 2016 he has undertaken in excess of 25 Homicide cases for the prosecution and 20 Homicide cases for the defence. He has a particular speciality in defending juveniles accused of Homicide. He is predominantly a criminal practitioner but also practices in public law.

Benjamin took silk in 2009 and is often asked to advise in cases where something has gone fundamentally wrong with the criminal Justice system; or where an esoteric point of law has arisen. In 2008, he considered 20 criminal and civil cases in advising the Governor and Chief Justice of the Cayman Islands on the removal of a Grand Court Judge for misbehaviour: Privy Council: Re: Madam Justice Levers [2010] UKPC 24, paragraphs 14-20, 32. Between August 2010 and March 2011, Benjamin was instructed to advise on a series of complaints brought by a barrister and senior police officer, against three Grand Court Judges (including the Chief Justice), the Attorney General, Solicitor General and a senior civil servant. This led to a 185 page report.

In Operation Pointer [2015],  a serious public disorder took place in Birmingham during the August 2011 riots, where during the disturbance, cars drove into a crowd killing three Asian men. The case received national television and press coverage, and eight men were charged with murder and were acquitted by the jury. The CPS received a formal complaint about the handling of this murder case, and Benjamin was instructed to advise on this formal complaint. In Jack Mount (2016) a 96 year old former headmaster was accused of historic rape of his daughters and 60 children. He advised the Chief Crown Prosecutor and the DPP on the correct process of dealing with this complex and sensitive case.

Benjamin was instructed in 2023 by the CPS to take over the re-trial of the Manchester City footballer Benjamin Mendy after difficulties emerged in the first trial leading to acquittals.

In Lucima v CCC; DPP v Woolwich: [2020] EWHC 3243 (Admin) the custody time limits had been extended to a period approaching one year during the pandemic period. A circuit Judge had ruled that the Government had not provided sufficient resources. Benjamin invited the LCJ to put a cap of 8 months custody time limits for Juveniles – he disagreed but Parliament subsequently introduced legislation adopting his argument!

R  v. Lanning & Camille [2021] EWCA Crim 450: Benjamin invited the Court of Appeal to revisit the law, and widen the scope of overwhelming super intervening act in homicide cases. The revisit is due to existing professional unease about the liability in homicide cases for a secondary parties where the secondary party has no knowledge of the principal’s possession and use of a knife. Fulford LJ is a reference for me in respect of this case and Anderson below.

Anderson v AG Isle of Man [2021] UKPC 20 PC:  Prosecuting on behalf of the AG of Isle of Man, he responded to an appeal involving the scope of expert psychiatric evidence in diminished responsibility cases.

Benjamin has extensively assisted in the development of the law in:

Okafor (1994) 99 Cr.App.R. 97 – applicability of code C.10-12 in Customs cases

Ofori & Tackie (No.2) (1994) 99 Cr.App.R. 223 – Admissibility of foreign evidence in English courts.

ex parte Salubi (2002) 2 Cr.App.R. 40 – Abuse of process in  section 51 transfer cases

De Silva (2003) 2 Cr.App.R.5 – ambit of Customs co-operation interviews.

Abiodun [2005] EWCA Crim 09 – criteria to be applied before lawful intercepts can take place in prison.

Malcolm v DPP [2007] 2 Cr App R 1 [Prosecuting Counsel] – admissibility of new evidence after justices have retired.

Wallace [2007] 2 Cr App R 30 – application of bad character provisions in circumstantial evidence cases.

Ulcay [2008] 1 Cr.App.R. 27 – ambit and scope of cab rank principle in complex fraud cases

R v. Stanton  [2014] EWCA Crim 1695  [Prosecuting Counsel]: the correct approach to circumstantial evidence in murder cases

R v. Sliogeris [2015] EWCA Crim 22 [Prosecuting Counsel]: The correct approach to bad character hearsay evidence where cut throat defences are being  run in a murder case.

R v. PW [2016] 2 Cr.App.R 27 [Prosecuting Counsel]: The applicable mens rea in indecent images; abuse of process principles; the Tryrell principle; preferring indictments on electronic system; jurisdiction of Court of Appeal in Terminating appeals.