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Tony Wyatt
Year of call: 2002

Education

LLB (Hons.), University of Dundee; BVC, Inns of Court School of Law; Harmsworth Scholar, Middle Temple.




Profile

Tony Wyatt joined 2 Bedford Row in September 2003 and practises primarily in the field of criminal defence. In addition, since joining Chambers he has developed a further specialisation in the field of Sports Law.

General Crime

Tony has been instructed alone, to lead and as a led junior in a wide range of serious criminal matters, including murder, manslaughter, drug trafficking, serious assaults, kidnap, robbery and fraud. He has also appeared for the defence in relation to all other criminal matters, ranging from offences of dishonesty to offences against the person, and from sexual offences to public order offences.

Over time Tony has developed two fields of particular specialisation within criminal law, these being offences of violence – up to and including murder – and offences of fraud/money laundering. The latter is an area of practice that has led him to further develop a much sought-after expertise in the related fields of confiscation, restraint and asset forfeiture. Regularly instructed to defend in major multi-handed money laundering, deception and fraud prosecutions across the jurisdiction, he has appeared in many of the leading cases in this increasingly important area of law. In addition, Tony has a particular interest in cell-site and telephone evidence, and has successfully challenged the same in a number of serious and high-profile contested matters.

Judicial Review

Away from ‘substantive criminal proceedings’, Tony is also frequently instructed in complicated matters brought before the Administrative Court for the purposes of Judicial Review.  Most often acting on behalf of the interested parties in cases arising from the decision of the Crown Court – in cases in which he may or may not have been the instructed advocate at first instance – he has built up an enviable reputation, including acting for the interested party in The Department of Work and Pensions v The Crown Court Sitting at Croydon, ex parte Wendy Stubbs, in which he successfully resisted an application to quash the earlier decision of the Croydon Crown Court that to pursue confiscation proceedings in the Defendant’s case was so unfair that it amounted to an abuse of process (the first case of its type to be stayed as an abuse on the grounds of ‘unfairness’).

Regulatory Law

General crime aside, Tony is experienced in defending both individuals and corporations alleged to have committed regulatory offences. Amongst other areas in this wide-ranging field he has defended in matters relating to ‘Health and Safety’ – ranging from bare infringements of Health and Safety Regulations to those serious enough to lead to very serious injury and even death – and to alleged trading standards offences, as well as those prosecuted under the Trade Descriptions Act 1968.

Sports Law

In the field of Sports Law, Tony has appeared before a number of professional bodies in relation to a wide variety of sports-related matters. Initially instructed in relation to those ‘on-field’ disciplinary matters that bear a similarity to his criminal practice, he has often appeared on behalf of cited players before various disciplinary committees (most regularly the Rugby Football Union). This initial area of specialisation has widened over time and now covers many other aspects of Sports Law – ranging from contractual disputes to allegations of ‘doping’ – and has included matters as diverse as appearing before the British Boxing Board of Control in a contested application to release a professional boxer from his management contract (a case in which the entire legal basis of the joint manager/promoter role was challenged) to allegations of statutory rape against the coach of an Under-16’s Rugby Union team. In particular, Tony is much sought after in respect of those sporting matters likely to lead to subsequent criminal proceedings.

General and Upcoming

Tony frequently works outside of London and the South East, being regularly instructed to defend in all parts of both England and Wales. Upcoming cases involve acting alone in a high-profile allegation of joint-enterprise murder in Bristol Crown Court; acting alone for the first defendant in an attempted murder trial in which serious injury was caused to a mother and three of her children – one of them aged just 18 months – in her own home; acting alone in a multi-handed SOCA prosecution arising from an allegation of conspiracy to import and to supply industrial quantities of amphetamines; acting as junior counsel in respect of an alleged conspiracy to kidnap a notorious fraudster upon his return from exile in South America; and acting as junior counsel for the sole defendant in what promises to be an extremely high-profile murder case in Oxford Crown Court.

Away from the law, Tony’s interests are in reading almost anything he can lay his hands on, writing fiction and film. He has also been a keen sportsman throughout his life, having boxed competitively at an international level and having played for a number of first class Rugby Union teams. With those days sadly behind him his involvement is now reduced to that of a vocal spectator, save for the few occasions a year that he finds himself back on the pitch and complaining bitterly when he is expected to run.

 



Memberships
Criminal Bar Association; South Eastern Circuit
Essex Bar Mess

Cases

Domestic Appellate Cases
R v Pluck Appeared in an appeal against a sentence of imprisonment for public protection, in which the Court of Appeal sought to clarify certain outstanding matters arising from its own judgement in the case of R. v. Lang and others.
Date: 2006
Judicial Review
R. (on the application of the Department of Work and Pensions) v. Croydon Crown Court, ex parte Wendy Stubbs Appeared alone on behalf of the interested party in respect of an application to quash the Crown Court judge’s earlier decision to stay confiscation proceedings as an abuse of process. Finding in favour of the interested party, this is the first case in which the Administrative Court has confirmed that proceedings under the Proceeds of Crime Act 2002 can be stayed as an abuse on the grounds of ‘unfairness’.
Court: Royal Courts of Justice (Queens Bench Division)  Date: 2010
R. (on the application of John Minshall) v. Marlebone Magistrates Court, ex parte Her Majesty’s Revenue and Customs Acted alone on behalf of the Claimant in respect of a judicial review against the enforcement of a confiscation order by the Marlebone Magistrates Court. Instructed at the eleventh hour, this involved considerable argument before the court, opposed by Queens Counsel leading junior counsel for the interested party.
Court: Royal Courts of Justice (Queens Bench Division)  Date: 2009
Fraud
R v Peter Cash and Others Appeared for Defence (Junior Counsel )
Appeared for one of seven defendants accused of conspiracy to avoid the revenue due on a large number of imported vehicles, and of attempting to launder the proceeds of the conspiracy.
Court: Leicester Crown Court  Date: 2009
R v Roman Zykin and others Appeared for Defence (Junior Counsel )
Instructed as junior counsel on behalf of the first defendant on an indictment widely reported as "the largest credit card scam in UK history."
Court: Southwark Crown Court  Date: 2007
R v Priscilla Howard Acted alone for defendant in respect of an allegation of conspiracy to carry out excise fraud totalling in the region of £26,000,000.
Court: Preston Crown Court  Date: 2007
R v Biddle & others Instructed on behalf of one of a large number of defendants charged in relation to a multi-million pound “car ringing” operation in the Midlands.This case lead to a multi-million pound confiscation order under the Proceeds of Crime Act 2002 which was reported as the largest order of its type in legal history. Despite this, Mr Biddle's liability was restricted after argument to only £8,000
Court: Leicester Crown Court  Date: 2006
Murder/Manslaughter
R v Cash Acted alone for the only defendant in respect of an allegation of attempted murder, arising from a shooting at a residential caravan park.
Court: Leicester Crown Court  Date: 2008
R v Taylor & Bolton Appeared as Junior Counsel for the Crown in respect of an allegation of murder arising out of a £5 drugs debt.
Court: Basildon Crown Court  Date: 2007
R v Bertram & another Appeared as junior counsel in relation to a charge of soliciting murder, in which the defendants were alleged to have contracted an undercover police officer, posing as a contract killer, to murder a family member.
Court: Basildon Crown Court  Date: 2006
R v Nimalan Nadarajah and others Instructed as junior counsel on behalf of the second of seven defendants throughout 3 month Sri Lankan "Honour Killing" trial. The defendants conviction was successfully appealed in 2007 and contested again in 2008.
Court: Central Criminal Court  Date: 2004
Drugs
R. v. Michael Hewgill and Others Appeared as Junior Counsel for the first defendant in the final month of a three month, multi-handed drugs conspiracy trial which alleged the importation and supply of massive quantities of heroin, cocaine, amphetamines and cannabis and involved hundreds of hours of covert operation over a five month period. With previous counsel finding themselves ‘embarrassed’ towards the close of the Crown’s case and the learned judge refusing to discharge the jury, Tony and leader Nigel Lithman QC were recommended to take over the defence at short notice.
Court: Birmingham Crown Court  Date: 2009
R. v. Mark Kinnimont and Others Junior to Peter Lodder QC to one of the three (of eleven) defendants alleged to have been on the ‘board of directors’ of the largest conspiracy to import cannabis ever prosecuted within the jurisdiction, with an estimated £61,000,000 worth of the drug brought into the United Kingdom from Holland in hidden compartments with flower delivery crates.
Court: Southwark Crown Court  Date: 2009
R v Smith Acted as junior counsel on behalf of one defendant in a multi-handed conspiracy to import a large quantity of both heroin and cocaine. Basis of Plea was successfully contested in a two week Newton hearing at the beginning of 2009.
Court: Liverpool Crown Court  Date: 2008
R v Milroy Nadarajah and others Instructed as junior counsel for the defence in widely reported multi-million pound "drug ring" case.
Court: Southwark Crown Court  Date: 2004
Miscellaneous Crime
R. v. Matt Williams and Others Junior Counsel for the first defendant in the so-called ‘Chelsea Jewellery Robberies’, representing the individual accused of being the ‘mastermind’ behind the group carrying out the long series of high-profile robberies.
Court: Southwark Crown Court  Date: 2009
R v Delaney Appeared for Defence
Acted as leading junior in defence of an alleged nationwide conspiracy to burgle, comprising over 100 individual “vulnerable person” offences stretching back to the late 1990’s.
Court: Stoke Crown Court  Date: 2008
R v P and Others Acted alone for first defendant in a highly charged and lengthy trial arising from historical allegations of neglect, cruelty and physical abuse.
Court: Woolwich Crown Court  Date: 2008
R v Alexander Maclean and others Appeared for Defence
Acted for one of a number of defendants alleged to control the largest brothels in the North of England, proceedings being stayed after a three week legal argument.
Court: Sheffield Crown Court  Date: 2007
R v Charlie Lee Represented one of a number of defendants alleged to have been involved in a highly professional series of commercial burglaries, resulting in the theft of almost £1,000,000 worth of precious metals.
Court: Bristol Crown Court  Date: 2007
R v David Sim & Others Appeared for the Crown as junior counsel in a number of trials arising from a 60 man post-football match public order incident in the Kings Cross area.
Court: Snaresbrook Crown Court  Date: 2005
R v Mark Studders Instructed as junior to Senior Treasury Counsel in an respect of two counts of attempted murder, taking place on the London Underground.
Court: Central Criminal Court  Date: 2004
R v Kamel Haddouche and another Acted on behalf of defendant charged with theft of three cheques from Kensington Palace, all signed and belonging to Princess Michael of Kent, and the subsequent attempt to obtain £25,000 via the use of a single cheque.
Court: Middlesex Guildhall Crown Court  Date: 2004
Confiscation and Restraint
R. v. Keith Wynn Instructed in place of original counsel in confiscation hearing following conviction for conspiracy to supply Class ‘A’ drugs. Succesfully resisted the Crown’s application to confiscate the Defendant’s many assets on a ‘criminal lifestyle’ basis by arguing that they were in fact the proceeds of a highly profitable series chain of ‘Sadomasochistic dungeons’ frequented by the great and the good.
Court: Maidstone Crown Court  Date: 2009
R. v. Wendy Stubbs Instructed in place of original counsel in confiscation arising from a plea of guilty to a charge of benefit fraud. Confiscation proceedings ultimately stayed after it was successfully argued that proceeding in the peculiar circumstances of the case amounted to an abuse of process on the grounds of unfairness. This was the first time that ‘unfairness’ has successfully been argued in proceedings arising from the Proceeds of Crime Act 2002.
Court: Croydon Crown Court  Date: 2009
Sports Disciplinary
M v P Acted on behalf of professional boxer before the British Boxing Board of Control in respect of a contractual dispute between himself and his manager.
Court: British Boxing Board of Control Appeal Panel  Date: 2008
Re J Insructed to appear before the Rugby Football Union Disciplinary Panel on behalf of an amateur rugby coach accused of bringing the game into disrepute by way of an alleged inappropriate sexual relationship between himself and two of the teenage girls playing in his team.
Court: Rugby Football Union Disciplinary Panel  Date: 2007
 
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