About Marcus
Marcus is approachable with an accomplished set of skills and forensic approach growing his practice and reputation within the field of criminal appeals.
Marcus receives many requests to investigate cases to consider legitimate grounds of appeal against conviction and/or sentence. He is currently reviewing many appeal cases including a number of potential miscarriages of justice and general cases of concern. Some of those cases are quite historic.
Marcus is involved at every level of the Appellate process. His hands-on approach to cases is widely recognised by clients and solicitors he works with. He is noted for his supreme attention to detail, finding grounds that have been previously ignored or dismissed, with an ability to present an argument before the Court of Appeal that is both cogent and persuasive.
Many criminal appeals flow from a lack of disclosure or a failing in the disclosure process. Some cases focus on poor representation, the improper inclusion of evidence at trial including bad character or hearsay evidence and cases focusing on fresh evidence.
In a review of any case, Marcus necessarily goes back to the very beginning of the criminal process and always prepares his infamous “Case Chronology”, detailing all relevant issues from the point of arrest (or before), the events leading up to trial, reviewing instructions given to Solicitors and Counsel, analysing the trial process and the rulings on law and procedure made by the trial judge looking at relevant transcripts of evidence, interlocutory trial management hearings, the summing up and/or the sentencing remarks. His clients are left in no doubt that their case is given the utmost personal scrutiny. Marcus is alive to arguing exceptional circumstances to reopen appeals, however, those case are rare.
Marcus is very much a specialist in his field. His most recent success in the court of appeal involved the successful appeal of a vulnerable woman convicted of the gross negligence manslaughter of her mother. He is currently reviewing a number of cases involving Murder, Fraud, historic sex offences, Drugs, Data protection and cases involving conspiracy.
Instructions
General Crime
2021
R v A - CACD - instructed to consider grounds - historic rape conviction from the late 1980’s based on DNA - already been through the CA and CCRC
R v S - CACD - instructed to consider grounds - reviewing murder conviction (challenging expert medical evidence and bad character evidence used at trial) and sentence
R v S - CACD - instructed to consider grounds - reviewing rape conviction and sentence
R v B - CACD - instructed to consider grounds -reviewing conspiracy to defraud by causing an explosion conviction and sentence
2020
R v H defending a vulnerable 18 year-old in double murder at the CCC (ongoing in 2021)
R v C - CACD - appeal against sentence for gross negligence manslaughter
R v P - CACD - appeal against sentence and conviction for murder
R v W attempted murder PC case now retrial & abuse of process, leading junior (ongoing in 2021)
R v P mentally vulnerable defendant accused of arson (ongoing in 2021)
R v L 30 count burglary indictment (ongoing in 2021)
R v M rape and burglary (ongoing in 2021)
R v D dangerous driving (ongoing in 2021)
R v A indecent images
R v A high profile client on harassment charges
2009 – 2015
R v HL & Ors – 5 week kidnapping trial.
R v U Experienced teacher charged with beating his 6-year-old daughter with his belt.
R v W Indecent images case against airline pilot: dismissed after defence submissions.
R v W Alleged attack on bailiffs with Samurai swords and mallets.
R v M & Ors High profile group attack on Sainsbury’s staff.
R v W Possession of indecent images, over 2 million images.
R v A 6 week conspiracy to import Class A drugs.
R v K & Ors Conspiracy to facilitate entry of prostitutes into UK.
R v M & Ors Stabbing at the Notting Hill Carnival.
R v T Arsenal v Manchester United Champions League riot.
R v A Death by careless driving “second accelerator case”.
R v K Attempted murder by shooting after a New Year’s Eve party.
R v Z Conspiracy to commit arson.
R v Z Stag party stabbing at a Holiday Inn.
R v T Large scale importation of Class C drugs.
R v C Armed robberies and stabbing in a nightclub.
R v B Blackmail, false imprisonment.
R v D Robbery.
R v M Rape.
R v A Karate kick with studded boot to face in National League game.
Fraud & Business Crime
2021
R v W - defending in a 3 months multi handed conspiracy case
2020
R v S (2020) confiscation proceedings following international conspiracy to defraud £7.5m.
2009 – 2015
R v I and Ors Leading junior in multiple tiered banking fraud.
R v R and Ors 4 week aviation fraud.
R v A Leading junior in a 5 week ‘Romance Scam’ where the defendant had conducted an international fraud on vulnerable women all over the world via Match.com, and defrauding them out of their entire estates.
R v S Leading junior in an 8 week “Cattle Ringing Fraud” for breaches of Cattle Identification Regulations and the Animal Welfare Act.
R v M Fraud involving tiers of transactions, multiple identities & layered accounts.
R v F & Ors Accountant charged with false accounting and conspiracy to defraud as part of a national mortgage fraud.
R v O Misconduct in a public office: 6 week trial of a senior UK Border Agency member of staff.
R v T Fraud involving a factory creating false immigration documents: EU wide.
R v F Leading junior in a large conspiracy to defraud land registry and probate office.
R v K Animal welfare act offences and breaches of Cattle Identification Regulations.
R v M & Ors Fraud and facilitating illegal entry, involving a sophisticated attack on the UK immigration system.
R v B Casino fraud via remote access by computer hackers.
Privacy / Data / GDPR
Marcus has a particular interest in GDPR / privacy work and the related compliance, investigations and data fraud work in the Software / Technology / Fintech / Data & AI markets.
Over the past 5 years, Marcus provided consultancy advice dealing with commercial issues for corporate clients on both commercial / contract matters and in relation to general compliance matters.
Marcus also gained commercial experience in relation to:
SaaS T&C’s – post Brexit and general update
Sales and marketing policy
Data deletion / purge
PIA / DPIA policies
DSAR policies
Security Incident Report / Policies
Data Breach
Intercompany Data Transfer Agreements
Legal privilege in the context of internal GDPR investigations
DPO’s
International data transfers
Software on-boarding / approval / review
General privacy policies
Call recordings
Dawn raid procedures
Public Law
Marcus has also advised in public law cases, including judicial reviews proceedings on prison law. He has appeared in the Chancery Division of the High Court leading a case bringing contempt of court proceedings.
2009 – 2015
R (on the application of Y) v Secretary of State for Justice and the Parole Board Concerning prison law and domestic and European jurisprudence on recall of prisoners.
S v S Committal hearing in relation to contempt of court (Chancery Division of the High Court) and R v S Condemnation proceedings
Regulatory & Professional Discipline
In addition to crime, Marcus has appeared in the First-Tier Tax Tribunal (VAT) where he successfully represented an Appellant against HMRC in proceedings which lasted 4 years.