Speaking to Robert Gregory, CLSA Committee Member and Consultant Solicitor at Bishop & Light in East Sussex, we learn which 5 cases have shaped his career in a number of ways. From the most challenging, through to the most memorable…
What is the earliest case you can remember from your trainee days?
One of my earliest cases was a Benefit Fraud case. The client spoke no English, which was the first hurdle. They were a first generation emigrant from India, who had children and grandchildren who were all British educated. They had evidence of overpayment of benefits and lack of client proper disclosure. A guilty plea, fine and repayment was ordered by Crown Court Judge. 6 months later the DWP disclosed that there had been an error in the calculations and the client had NOT been overpaid. We then had to appeal against conviction & sentence was upheld and the Court of Appeal quashed the conviction.
The learnings from this case was that errors get made in prosecuting matters. 20 years later the Post-Office/ Horizon incident – this is clear for all to see.
Was there a case that made you realise you were in the right career?
My first trial was a criminal damage offence at Loughborough Magistrates Court. I was at court alone with just my client and their witness. The prosecution case was strong in terms of the facts that my client accepted presence, there had been an argument with the shop keeper, and damage was caused to the shop window very shortly after my client had left the shop.
Somehow my client came over in a credible manner as did his partner. The Magistrates found my client not guilty. It helped that there was no CCTV or witness to the damage being caused.
I look back and realise that my studies and training had brought me to the point where I was able to do the job I wanted to do. Securing a not guilty in my first trial was a huge bonus.
What has been your most challenging case to date – emotionally, legally or practically?
The most challenging case has to be the 3 days I spent at Solihull police station on a child murder case. The client had travelled to Leicester to see family after the incident. She was arrested and taken back to the West Midlands. This was a duty case that I was assigned due to my Crime and Mental Health specialism. The added difficulty was that the client spoke little English requiring an interpreter and she had mental health difficulties. This was a complex and disturbing case on the facts. I had to use my criminal knowledge and my fairly recently acquired Mental Health training as a Mental Health Solicitor to advise and do the best for my client.
This was my first murder case. It taught me a huge amount and affected me emotionally because my wife had recently given birth to our first child. Probably the worst part of the case was the mental drain on myself, with interviews going on through the night. Having to interject and pause interviews because of my concern about my client’s mental state.
The pressure at the police station was managed because the client was vulnerable and needed my help. The impact of the case on me after charging and the client’s remand to court led to me to seek mental health support through a GP referral.
Which case are you most proud of and why?
This is a case that I dealt throughout the criminal proceedings and then later mental health proceedings. The offence was nothing remarkable. Burglary Non-Dwelling & Arson. I dealt with the client at the police interview. He was floridly psychotically unwell. I acted at the Magistrates Court and latterly at the Crown Court. A Hospital Order with restrictions was imposed by the Crown Court Judge.
After receiving treatment in a secure mental health unit. The case was referred to the Mental Health Tribunal for a review of the client’s detention. I was able to persuade the mental health tribunal to conditionally discharge my client from hospital so he could go back to living in the community. He remained subject to the Mental Health Act 1983.
This case is meaningful because my involvement and representation of my client was a full circle journey from arrest to going back home from a period of court enforce mental health detention.
What is the one case that you find yourself talking about most?
This is a drink drive case. The reading was an incredible 300+ Breath (μg). The magistrates sentencing guidelines highest reading is 150 Breath (μg). As you would expect it was a guilty plea. However, the client was not given an immediate prison sentence but a suspended prison sentence. The prosecution papers included the MGDD/A but the CPS had also instructed an expert to give their analysis of the significantly high reading and my client. The upshot for my client was that the prosecution expert confirmed that my client was a functioning alcoholic (no surprise there). That my client had to drink a significant amount of alcohol daily to stop his body going into shock and likely death. This was usually at least 2 litre bottles of vodka. My mitigation amounted to, “… if you send him to prison. You send to die!” Not a case for the Daily Mail!
