Felicity Gerry QC

year of call :

1994

year of silk :

2014

introduction

expertise

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Homicide and Corporate Manslaughter

Felicity has appeared in difficult trials involving murder and other homicide . In addition to leading in the R v Jogee ‘joint enterprise’ appeal and other cases involving complex legal issues, 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 Rebelo 2018 leading for the defence in a manslaughter by DNP sold via the internet allegedly as a diet pill involving application of causation to remote supply currently on appeal.

R v Grunt Meyer 2018 leading for the defence in multi-handed allegation of pre -planned murder  with verdict of manslaughter - currently on appeal.

R v Hague 2018  – Leading for the defence in a cold case murder trial subject of the $1million cold case TV program. Issues include admissibility of out of court identification, abuse of process and fresh evidence (on appeal).

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.

R v Lewis [2017] EWCA Crim 1734. Led for the defence in an alleged murder by fire where the Appellant was acquitted on a submission of no case to answer and the Crown’s appeal against the terminating ruling was rejected. Issues involved distinction between joint principalship and common purpose. Evidence included complex DNA and an STRMix calculation.

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 – 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. BBC Reported as ‘Genuine Moment of Legal History”. 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.