Benjamin Myers QC

Call 1994
Silk 2014

"A brilliant silk."

Legal 500
Photo of Benjamin Myers QC

Criminal

Benjamin Myers QC is a leading criminal silk. Described as ‘brilliant’, ‘extremely astute’ ‘an exceptionally gifted lawyer – a fearsome advocate,’ with ‘an exceptional ability to digest complex cases’, he appears in courts 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.

Ben handles cases in all areas of the criminal law including murder, manslaughter, high value fraud, money laundering, multimillion-pound confiscation under POCA, regulatory offences, drug trafficking, national and international organised crime, rape and historic sexual abuse. He 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. He has huge experience as a criminal trial advocate and appellate advocate, and is described as ‘an excellent lawyer with great courtroom skills’, who has ‘an excellent rapport with juries.’

Recent cases include the defence of David Duckenfield, the police match commander at the Hillsborough Stadium tragedy, tried for gross negligence manslaughter; Operation Lunar, an investigation by HMRC into a £330 million tax fraud; the murder by Sami Salem of his wife and children whilst suffering from paranoid schizophrenia; and R v Barton, the leading Court of Appeal authority defining the test for dishonesty in English criminal law.

Ben is highly regarded for his ‘meticulous preparation’ and his ability to formulate astute case strategy. He can be relied upon to ‘put clients at their ease’ and is attuned to the pressures upon them; whether that is because of their public status, the risk to their assets, their vulnerability and mental health, or more generally the impact of criminal proceedings on their personal or professional life. He has 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 in the context of criminal law. He has a wide experience of appellate work and provides advice and representation on appeal.

Ben undertakes both legally aided and privately funded work.

Cases

MURDER AND MANSLAUGHTER

R v RH and Others: Multiple shootings culminating in the shooting of unarmed police officers.

R v DD: Match commander tried for gross negligence manslaughter in relation to the 96 deaths at the FA Cup Semi-Final at Hillsborough Stadium in 1989.

R v GC: Gangland execution of businessman whose partially burnt body was discovered in a field in Cumbria.

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 GT: Murder of 14-year-old boy in a graveyard.

R v AK: ‘Honour killing’ by professional hit-man.

R v SW: Young woman in abusive and controlling relationship charged with murder of partner after argument.

FRAUD AND FINANCIAL

R v TR: £330 million tax fraud based upon claims arising out of film and pharma investment schemes.

R v CC: £160 million banking fraud. Prosecution brought by Serious Fraud Office.

R v MF: Multimillion-pound corporate banking fraud.

R v DB: Historic financial abuse of residents of care home in excess of £10 million. Issues relating to banking, probate and fraudulent financial instruments.

R v CP: 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.

DRUGS

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.

SEXUAL OFFENCES

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.

R v AK: Violent rape of a student by a defendant suffering serious psychiatric abnormalities, raising complex psychiatric and neuropsychiatric issues.

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 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.