Criminal
Benjamin Myers KC specializes in Business and Financial Crime, General Crime, Regulatory Law and Professional Discipline. Described as ‘brilliant’, ‘extremely astute’ ‘a superb jury advocate and lawyer’ with ‘an exceptional ability to digest complex cases’, he appears in courts and tribunals across the country and is ranked at the top of his field in crime and financial crime in Chambers Guide to the Legal Profession and in the Legal 500.
Recent cases include the defence of the neonatal nurse, Lucy Letby, tried for multiple murder and attempted murder; the defence of David Duckenfield, the police match commander at the Hillsborough Stadium tragedy, tried for gross negligence manslaughter; Operation Lunar, an HMRC investigation into a £330 million tax fraud; and R v Barton, a complex probate and accounting fraud and the leading Court of Appeal authority defining the test for dishonesty in English criminal law.
Currently, Ben is instructed on behalf of an individual facing trial in Operation Larkshot, a £260 million gold bullion money laundering investigation, and is engaged in advisory work in relation to the Grenfell Tower tragedy.
Ben deals with prosecutions by the CPS, the SFO, the OFT and other agencies and regulatory bodies. He is experienced in leading large teams in substantial, complex and sensitive cases, many of which have a high public profile.
Ben is highly regarded for his ‘meticulous preparation’ and his ability to formulate astute case strategy. He understands the pressures faced by his clients; whether that is because of their public status, the risk to their assets and reputation, their vulnerability and mental health, or more generally the impact of criminal proceedings upon their personal or professional life. He has advised and represented company directors, financial directors, investment managers, police officers, teachers, medical practitioners and public figures.
Ben is able to provide advice at all stages of proceedings, including pre-charge; challenging prosecutions from the earliest stages and thereafter. His work includes judicial review, privacy and media-related applications. He has a wide experience of appellate work and provides advice and representation on appeal.
Cases
FRAUD, BUSINESS AND FINANCIAL CRIME
Cases have included:
R vTR [Operation Lunar]: £330 million tax fraud based upon claims arising out of film and pharma investment schemes.
R v JC [Operation Circus]: £25 million fraud and money laundering scheme built around ‘bullet trades’ and Ponzi scheme.
R v CC: £160 million banking fraud. Prosecution brought by Serious Fraud Office.
R v MF: Multimillion-pound corporate banking fraud.
R v DB [Operation Uzana]: Historic financial abuse of residents of care home in excess of £10 million. Issues relating to banking, probate, accounting and fraudulent financial instruments.
R v CP: [Operation Bamburgh] Multimillion-pound mortgage fraud.
R v TL: £21 million pyramid fraud. Flagship prosecution by the Office of Fair Trading under the Consumer Protection from Unfair Trading Regulations 2008.
R v NK: £40 million pound money laundering by businessman using via international money- transfers. Associated confiscation proceedings of £40 million.
MURDER AND MANSLAUGHTER
Cases have included:
R v LL: Neonatal nurse tried for multiple murders and multiple attempted murders. Extensive and complex medical evidence requiring cross-examination of expert witnesses across multiple specialisms in neonatal medicine and neonatal nursing
R v DD: Senior police officer tried for gross negligence manslaughter in relation to the 96 deaths at the FA Cup Semi-Final at Hillsborough Stadium in 1989.
R v AP and Others: Multiple conspiracies to murder in the course of gang war, involving IT to perform tracking and surveillance of targets, and carefully planned attacks with firearms and machetes.
R v RH and Others: Multiple shootings culminating in the shooting of unarmed police officers.
R v JM: Multiple murder of family members by suffocation and poisoning. Complex medical forensic evidence requiring cross-examination of eminent experts across multiple specialisms including paediatrics, paediatric pathology, neuropathology, cardiology, immunology, histopathology, radiography, paediatric surgery, toxicology, pharmacology and genetics.
R v SS: Paranoid schizophrenic tried for murder of his partner and two children. Complex psychiatric issues in relation to the law of diminished responsibility.
R v SW: Young woman in abusive and controlling relationship charged with murder of partner after argument.
R v AK: ‘Honour killing’ by professional hit-man.
SEXUAL OFFENCES
Cases have included:
R v MN: International trafficking, prostitution and rape of multiple victims by international crime ring. Largest operation of its type at time of prosecution.
R v JH: Multiple-rape of 3-year old daughter by father. Broadcast of associated images over the internet to paedophile ring.
R v ML: Alleged historic rape of music student by teacher.
Rv AK: Violent rape of a student by a defendant suffering serious psychiatric abnormalities, raising complex psychiatric and neuropsychiatric issues.
DRUGS
Cases have included:
R v MP and Others: £500 million international conspiracy to import class A drugs.
R v CI: Multimillion-pound importation of class A drugs combined with money laundering operation. Use of road haulage systems to import drugs into the UK.
R v AM: Bulk supply of cutting agent on industrial scale. Complex legal issues relating to provisions of Serious Crime Act 2007.
FURTHER OFFENCES
R v AD: Coercive control of female partner in commission of probate fraud. Complex psychiatric and psychological issues and expert analysis of coercive control.
R v P: Misconduct in public office. Abuse of police data systems by serving police officers.
R v W: Conspiracy to possess firearms and use explosives. Use of this weaponry in excess of 20 attacks on city streets.
R v P 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. Largest post-war importation of its type at time of prosecution.
R v IM: Explosive substances sent through the postal system. Detailed scientific forensic issues relating to explosives and DNA.
R v MG: Judicial review relating to search warrants and special procedure material.
R v RB: Death by dangerous driving. Technical issues relating to the law and science of alcohol analysis.
REPORTED CASES
R v Stewart and Others [2022] EWCA Crim 1063: the imposition of whole life orders when a mandatory life sentence is passed.
R v Barton (David) 2020 2 Cr App R 7: the test for dishonesty in English criminal law, the constituent elements of conspiracy to defraud and the common law approach to precedent.
Unsworth v DPP [2010] EWHC 3037 (Admin): Case stated regarding the parameters of lawful excuse as a defence to criminal damage under section 5(2) of the Criminal Damage Act 1971.
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.
R v Rashford [2005] EWCA Crim 3377: Murder; extension of circumstances encompassing self-defence.
R v Bevan [1999] EWCA Crim 2172: Where disparity in sentence is objectionable.
