David Temkin

Call 2000

temkin@exchangechambers.co.uk

“Widely and rightly regarded as the model senior junior of the circuit, he is an extremely effective communicator.”

The Legal 500 2021
Photo of David Temkin

Criminal

David is in very high demand in his criminal work. He prosecutes and defends in equal measure. The UK’s Legal Directories recommend David as “a superb advocate” who is “very hardworking” with “exceptional” client-care skills (see Recommendations section).

David’s experience and skills led to his early appointment to a number of national panels. He is a Grade 4 CPS advocate. He is on the Rape and Serious Sexual Offences panel and the Serious Crime Group Panel. He is on the Attorney-General’s Unified List of Prosecution Advocates and the list of Specialist Regulatory Advocates (Health & Safety).

David is frequently instructed in high-profile criminal cases of particular complexity, seriousness and sensitivity. Recent examples include murders, terrorist cases, baby-shaking fatalities, rape and child abuse trials, large-scale drug trafficking conspiracies and multi-million pound frauds.

Criminal Cases

Homicide

R v E (2020) – ongoing case – “no body murder” – defendant alleged to have killed his former partner and to have taken steps to dispose of her body (prosecuting, as led junior counsel)

R v T (2020) – successful murder trial of a defendant who had caring responsibility for a vulnerable, alcoholic male. Abusive relationship culminated in ferocious and fatal beatings – 78 rib fractures (prosecuting, as led junior counsel)

R v M (2019) – successfully represented one of two young men on trial for manslaughter – street violence outside an Oldham nightclub – complex issues of joint responsibility and bad character – acquitted by the jury (defending)

R v W (2019) – murder trial – defendant attacked a man in a Burnley street using a knuckle-duster (prosecuting)

R v T (2019) – highly-complex Manchester gangland conspiracy to murder – tit-for-tat shootings between rival factions – David’s client was the only defendant to be acquitted by the jury (defending, as led junior counsel)

R v C (2018) – successful six-week murder trial – mother killed her baby by shaking and throwing. Case relied on complex expert medical evidence (prosecuting, as led junior counsel)

R v A, B & A (2017) – successful murder trial – deceased was hammered to death as he slept – international banking/conveyancing evidence revealed that the defendants (deceased’s new wife and her lover) had been motivated by huge financial gain (prosecuting, as led junior counsel)

R v A (2017) – successful murder trial – stabbing (prosecuting, as led junior counsel)

R v B (2016) – murder of a homeless man in Manchester city centre – case heavily reliant on CCTV, cell-site evidence and accounts of eye-witnesses, many of whom had cloudy recollections due to abuse of the drug Spice (defending, as led junior counsel)

R v B (2009) – murder trial in which the issue was causation, (death occurred three years after the assault) – client acquitted after legal argument (defending, as led junior counsel)

R v C (2007) – multi-handed murder of a teenager (defending, as led junior counsel)

Violent Crime

R v R (2018) – client stabbed an Imam in the neck, outside a south Manchester mosque – successfully acquitted of attempted murder (defending)

R v C (2018) – high-profile terrorist case – known Nazi sympathiser threatened to kill Jewish MP and was found to have taken steps to manufacture an explosive device using a bomb-making manual – successful outcome (prosecuting)

R v T (2017) – successful trial under section 23 OAPA 1861 – defendant took his infant son to remote woodland – sought to poison him as he slept in the car by introducing fumes from the exhaust pipe via a hose (prosecuting)

R v T and others (2015) – successfully secured convictions of all defendants in complex conspiracy to commit armed robberies around Greater Manchester (prosecuting, as leading counsel)

R v I (2014) – attempted murder – repeated stabbing of two police officers by paranoid schizophrenic – case turned on the evidence of two consultant psychiatrists and the question of whether a defence of “self-defence” was available to the defendant (defending)

R v A (2014) – child neglect – defendant momentarily left his two infants unattended in the bath – the baby drowned (prosecuting)

R v O (2014) – attempted murder – Crown offered no evidence after David’s legal argument on the first day of trial (defending)

R v H (2012) – multi-handed violent disorder by 13 members of the English Defence League – successful convictions resulted (prosecuting, as leading junior counsel)

Sexual Offences

R v H (2019) – successful prosecution of Catholic priest for dreadful sexual offences, including multiple acts of buggery, on two boys at a Lancashire seminary in the 1970s (prosecuting, as leading junior counsel)

R v C (2018) – trial of mentally-unwell defendant accused of raping his two young daughters over several years when entrusted by social services to care for them at weekends (defending)

R v R (2018) – historic abuse by Catholic priest at a boarding school in the Midlands. Successful submission of no case to answer at close of prosecution case – client acquitted (defending)

R v AB (2017) – 13th life sentence imposed for the violent rape of a 15-year old school girl. The defendant had committed a spree of such rapes in the 1980s. Developments in DNA evidence allowed this cold case to be reopened 35 years after the offence was committed (prosecuting)

R v P (2017) – represented one of six men charged with gang rapes of a young teenage girl. At trial, following several days of legal argument on admissibility issues, the Crown’s case collapsed mid-way through cross-examination of the complainant. The Crown offered no evidence in respect of all defendants (defending)

R v M (2016) – police officer prosecuted for gross sexual offences against large number of vulnerable females (defending)

R v S (2014) – multiple rapes – client acquitted by the jury (defending)

R v B (2011) – multi-handed gang-rape and child-grooming (defending)

Drugs

R v T (2019) – represented one of 13 defendants tried for conspiracy to supply cocaine on a national scale (defending)

R v H and others (2015) – successful six-week trial of organised criminal gang for international drug conspiracy to import £6 million of cocaine and amphetamine (prosecuting, as led junior counsel)

R v X (2013) – multi-handed conspiracy to produce cannabis and money laundering – six week trial – David’s client was the only defendant to be acquitted

R v M (2013) – multi-handed international drug importation/conspiracy to supply (defending)

R v F (2010) – multi-handed conspiracy by serving police officers supplying illegal drugs to the criminal fraternity (defending)

Fraud

R v C (2019) – successfully represented financial director of very large and successful company – one of five men facing trial for fraudulent trading – allegations of counterfeiting/marketing non-type approved catalytic converters – international element – Crown offered no evidence after many days of legal argument (defending)

R v AA and others (2017) – fraudulent trading – complicated trial under the provisions of section 993 of the Companies Act 2006; additional allegations of acting in contravention of a disqualification order – client acquitted after trial (defending)

R v MP and others (2017) – fraudulent trading, fraud and money laundering – represented a prominent Lincolnshire businessman accused of dishonesty to the value of over £680,000. David successfully persuaded the court to stop the case against his client after two weeks of complex financial evidence (defending, as leading junior counsel)

R v C (2016) – long fraud trial –senior contracts manager at Lancashire County Council fraudulently obtained nearly £1 million of public money by dishonest means (defending, as led junior counsel)

R v A (2013) – multi-handed conspiracy to launder £200 million of alleged criminal money – Crown offered no evidence in response to abuse of process submissions (defending, as led junior counsel)

R v W (2013) – multi-handed mortgage fraud, valued at over £4 million (prosecuting, as led junior counsel)

R v O (2011) – successful trial for multiple frauds culminating in VAT fraud, valued at £161 million (prosecuting, as led junior counsel)

R v F (2010) – large-scale conspiracy to defraud by employees of Trafford Metropolitan Borough Council. Client acquitted after legal argument (defending, as led junior counsel)

Appeal Cases

R v D (2014) – successful sentence appeal to the Court of Appeal concerning the imposition of a section 41 Restriction Order, (contrary to unanimous medical opinion), with a section 37 Hospital Order under the Mental Health Act 1983 (defending)

R v A (2014) – Attorney General’s Reference No 33 of 2014 – applicability of Sentencing Guidelines to an offence of incitement to commit sexual offences on a 15-month old baby outside the United Kingdom (defending)

R v Milne [2014] EWCA Crim 99 – successful sentence appeal based on disparity between offenders convicted of conspiracy to import Class A drugs (defending)

R v MK [2007] EWCA Crim 3150 – successful Terminating Ruling Appeal to the Court of Appeal concerning the evidential status of mobile telephone text messages as hearsay/implied assertions (prosecuting)

R v Emery [2004] 2 Cr App R (S) 141 – sentence appeal to the Court of Appeal concerning the impact of the condition of sleep apnoea on an offender convicted of death by dangerous driving on the M6 motorway (defending)

Other

R v M (2019) – represented one of a number of police officers at trial for conspiracy to pervert the course of justice by manipulation of an identification procedure (defending, as led junior counsel)

R v C (2015) – secured the unanimous acquittal by the jury of serving detective constable charged with 11 offences under the Data Protection Act 1998 and the Computer Misuse Act 1990 arising from her alleged abuse of police computer systems between 2010 and 2014 (defending)

R v P (2014) – multi-handed sham marriage conspiracy (defending)

R v C (2013) – multi-handed conspiracy to manage brothels on a national scale (defending)

R v A (2012) – death by dangerous driving – client driving at speed causing death of cyclist (defending)

R v A (2011) – death by dangerous driving – teenager causing multiple deaths of passengers in own vehicle (prosecuting)

R v C (2010) – serving police officer charged with dangerous driving following serious multi-vehicle collision – acquitted (defending)

R v C (2006) – Courts Martial at Catterick Garrison, concerning internal dishonesty within an army unit (defending)

R v A (2005) – three month trial – multi-million pound international cigarette smuggling (defending, as led junior counsel)