Felicity Gerry QC

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Homicide and Corporate Manslaughter

Felicity has appeared in difficult trials involving murder and other homicide including baby shaking. In addition to her successful ‘joint enterprise’ appeal, Felicity has a keen understanding of scientific issues including DNA, biometrics and other technology.  This includes the science of abusive head trauma, neurological and physiological evidence and bite marks to children. She has dealt with recent and cold cases involving timing of death via stomach contents and she is a leading expert in cases involving automatism and mental health defences with a forthcoming book chapter on defences and vulnerability. She has lectured for the OU on corporate manslaughter and published papers on corporate responsibility and deferred prosecution agreements and teaches a unit on ‘Science and Law’.

Sample cases include the following:

R v Van Beelan 2017 Appeal to the High Court of Australia on the statutory definition of “substantial miscarriage of justice” and the admissibility of fresh evidence in an alleged ‘cold case’ murder.

Chan Kam-shing (Hong Kong) 2016 – Appeal to Court of Final Appeal in Hong Kong in alleged joint enterprise murder.

R v Jogee [2016] UKSC 8 – Successful appeal to the UK Supreme Court (formerly the House of Lords) which sat for the first time, at the same time as the Judicial Committee of the Privy Council. Alleged joint enterprise murder. Correcting the law on foundational liability for secondary parties. Court of Appeal Report at R v Jogee [2013] EWCA Crim 1433. Felicity also appeared as leading counsel at the retrial when Mr Jogee was acquitted of murder. He was convicted of manslaughter receiving a determinate rather than a life sentence.

R v Spilios 2016 – Application for special leave to High Court of Australia in joint enterprise murder on issues of accessorial liability. On appeal from R v Spilios [2016] SASCFC 6

R v Grieve 2016 – alleged accessory to murder.

Operation Lambourne 2013 - Murder/manslaughter/ rape trial. A complex circumstantial evidence case involving expert pathology, biomedical science, toxicology, DNA.