Nigel Lambert QC

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Homicide and Corporate Manslaughter

Recent cases include:

R v Salman Ahmed - murder - knife attack in street following argument at a party

R v Suraj Mistry - murder of business owner in the course of commercial burglary

R v Bolal Moosajee - murder in course of rivalry between drug gangs in Bristol

R v Hawgood -  CCC - Leading Jonathan Lennon.  Murder.  Nigel Lambert QC represents a Defendant who, with his girl-friend, are alleged, as secondary parties to a joint enterprise, to have shouted encouragement to their neighbour who was said to be armed with a long bladed kitchen knife.  Although these two Defendants were nowhere near the scene of the actual killing - the Crown’s case is that the words used – “Stab um” – encouraged their neighbour to stab run, chase and stab a third party – an eighteen year old brother of another neighbour. 

R v Kandare - Nottingham CC: Leading Jim Tilbury.  Defendant originally indicted with the murder of her 8 month old baby – Nigel Lambert QC eventually secured an acceptable plea to manslaughter on the basis that her husband and the teachings of the church at which they attended, and of which he was a pastor, forbade medical intervention for the sick.

R-v- Gacek  and others -  Preston Crown Court: Successfully defended young mother charged with causing or allowing the death of her seven week old baby. [Originally charged with murder – but not proceeded with]

R- v- Krezolek and Anor - Birmingham Crown Court: Represented the step-father in the much publicized murder of the four year old boy – Daniel Pelka – who was said to have been systematically starved, brutally assaulted, punished and imprisoned at home.

R-v-Hadfield and Ors. -  Preston Crown Court: Secured murder acquittal in the trial of a co-Defendant of Dale Cregan, after a four month, high security, high profile trial.  The Manchester police described the multiple killings – including those of two on-duty female police officers as “the worst ever in their history” – involving the use of hand grenades as well as conventional firearms. 

R v Mikolajek - CCC: The only defendant in a group of three to be cleared of murder following a dispute over the share of criminal proceeds from the scrap metal trade.

R-v-Omar Butt - CCC: Multi handed murder of two brothers, part of on going rivalry between South London gangs.  During the trial pressed the Prosecution to investigate and interrogate the mobile phones of prosecution witnesses. It then became clear the witnesses, before completing their evidence, had been in contact with interested third parties.  This gave rise to a successful abuse of process argument. The success of this hearing prompted some successful appeals by Co-defendants.

R-v-Usman Butt - CCC: Sixteen Defendants were charged with the murder of two brothers in a street fight in South London.  Because of the number of Defendants involved the indictment was severed.  Represented the main Defendant in Trial 2 and secured an acquittal following an abuse of process argument arising out of unlawful contact between prosecution witnesses and third parties (see Omar Butt above).  Those originally convicted in Trial 1 successfully appealed in the light of the submissions made in Trial 2; but the Court of Appeal ordered that four Defendants from Trial 1 should be re-tried.  Instructed to represent one of those four.  After further admissibility arguments the shape of the prosecution case had changed sufficiently to allow acceptable pleas to be offered.

R –v- H*** L***   - Central Criminal Court: Represented a Defendant aged 15, on a murder charge arising from a “happy-slapping” incident outside a Mosque in Tooting.  the Prosecution accepted pleas to manslaughter on the first day of trial.  The incident attracted national media attention. See for more information.

R-v-O  -  CCC: Victoria Station Murder  Clash of rival gangs.

R-v-Smith  -  CCC: Gang on gang shooting at point blank range.

R-v-R  -  Stafford Crown Court: Sixteen year old assassin pulled the trigger nine times in the drive-by shooting of a member of a rival street gang.

R-v-Calero-Guevera  - CCC: Peruvian blind man, his daughter and son – charged with the murder of his brother in law following allegations of abuse committed by the brother in law.  The killing was sound recorded on a mobile telephone.  Almost certainly the first time that the sound of an actual death, from beginning to end, was heard by a CCC jury.  Successfully defended.

R-v-Scrivener  -  CCC: Allegation of murder, with a scimitar and a golf club, in the Defendant’s front garden, following an argument over a football between the children of neighbours after a game of football in the street.  Successfully defended.

R-v-Hilton  -  CCC: Murder by mistake.  Attackers given incorrect information and entered wrong premises and killed complete stranger; issues of transferred malice.  Successfully defended.

R-v-N  -  CCC: Seventeen year old member of an East London Youth Club along with other members of the club was charged with the murder of an abusive drunk walking past the club premises.  Successfully defended.

R-v-Fathers  -  Oxford Crown Court: Well publicised murder by initial torture followed by forcing victim into River Thames and beating him until he drowned.  Successfully defended.

R-v-Kelly  -  CCC: Allegation of murder by male of his female partner by jumping up in the middle of a meal and stabbing her with the steak knife, already in his hand.  Successfully defended.

R-v-Ramzan  -  Sheffield Crown Court: Murder indictment stayed following successful abuse of process argument where the Prosecution sought to retain the anonymity of their main witness.

R-v-Alyas  -  Cardiff Crown Court: Nineteen year old man charged with the manslaughter of a seventy-six year old man.  Successful defence – the victim was so drunk that he tripped and fell backwards striking his head on the pavement.

R-v-Irinel  -  CCC: Murder by three Romanian brothers who robbed, tortured, tied up and left for dead a male who had been lured from a public house and attacked in his own home.