Simon’s practice comprises both business crime and general crime. He has been involved in many fraud and financial crime cases in the UK, both for the prosecution and the defence. He has been instructed as a leading junior. He appears at all court levels including in the Privy Council.
Simon has also worked closely with Baker & Partners and the Attorney General’s department in Jersey where he has been involved in financial crime cases with an international element, again, both prosecuting and defending. Work in offshore financial centres comprises a significant part of Simon’s practice.
His experience in cases involving Proceeds of Crime legislation has seen him instructed in civil disputes where assets are frozen, as well as advising in relation to the enforcement of confiscation orders overseas.
In his general crime practice Simon has been involved as a junior on the most serious cases such as murders, gross negligence manslaughters and serious sexual offences. His Crown Court practice encompasses the whole range of serious crime. Simon is a Grade 4 prosecutor on both the Midland and South Eastern Circuit. He is also a CPS approved rape prosecutor.
Simon has particular experience in the defence and prosecution of historic child abuse cases. Between 2008 and 2010 he was instructed on behalf of the prosecution to advise in relation to the high profile historic abuse enquiry in Jersey focussing on Haut de la Garenne children’s home and other institutions in the island. He was involved in each of the prosecutions arising out of the enquiry as well as successfully resisting conjoined defence applications for a stay of proceedings based on alleged police manipulation of the media.
Recent child cruelty/sexual abuse cases include
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R v. E (2009-2011 – Leicester Crown Court/Court of Appeal) defended father charged with historic multiple counts of child cruelty and sexual offending over a ten year period. All convictions quashed on appeal following a two-day hearing when the Court considered fresh evidence in the form of post-trial statements by key witnesses. Appeal reported at [2011] EWCA Crim 1023.
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R v. K (2010 – Luton Crown Court) prosecuted father charged with multiple historic sexual offences against his daughter
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R v. M (2011 – Peterborough Crown Court) prosecuted defendant charged with multiple historic sexual offences upon his goddaughter.
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R v. P (2010 – Northampton Crown Court) defended father charged with serious sexual offences upon his daughter. Defendant acquitted.
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R v. C (2010 – Leicester Crown Court) defended mother charged with child cruelty (neglect) arising out of catastrophic head injuries inflicted on her baby daughter by her partner. Successful sentence appeal reported at [2010] EWCA Crim 2087
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R v. Akinrele [2010] EWCA Crim 2972, prosecution junior in murder case where a very young child died as a result of multiple non-accidental injuries inflicted by her father. In dismissing the appeal the Court of Appeal considered position where there were inconsistent findings by the jury at the criminal trial and the High Court judge in care proceedings.
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R v. P (2010 – Leicester Crown Court) defended senior nurse charged with perverting the course of justice by making false sexual allegations against a patient. Defendant acquitted.
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R v. C (2010 – Luton Crown Court) prosecution counsel in date rape allegation.
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R v. N (2011 – Leicester Crown Court) defended father/uncle on historic allegations of multiple rapes of his daughter and niece.
Indecent images cases
Simon is well versed in the technical aspects of cases involving possession, making and distribution of indecent images of children and has both defended and prosecuted many such cases. He is aware of the issues that can arise in relation to Sexual Offences Prevention Orders consequent upon conviction (both in terms of their appropriateness and their ambit).
Simon was instructed as junior counsel for the second defendant in Operation Alpine (Nottingham Crown Court- 2011) – a highly-publicised prosecution of individuals who offered subscribers access to internet newsgroups. They were charged with distributing indecent images of children posted by others on those newsgroups. The case involved highly technical evidence of the interaction between various computer around the world. It also involved pre-trial argument as to whether a defendant has to be in possession of a thing in order to distribute it aswell as the scope of immunity from criminal liability of Internet Service Providers by virtue of an adopted EC Directive.
Regulatory
Trading Standards – Simon has wide experience of offences arising out of the Consumer Protection from Unfair Trading Regulations 2008. He is currently defending cases in respect of two separate companies where a director is charged under the regulations with mis-selling mobility products to the elderly.
RSPCA – Simon has experience of both prosecuting and defending cases brought by the society. Amongst his prosecution work has been a substantial case in relation to the mistreatment of numerous reptiles. Recent cases include defending allegations of causing unnecessary suffering to a horse suffering from “rain scald” and a similar allegation of mistreatment in relation to a severe case of laminitis in a horse.
Environment Agency – represented Defendant Company in prosecution alleging breach of regulations governing the export of recyclable waste.
Maritime and Coastguard agency – instructed to prosecute a case in the Crown Court alleging the unsafe operation of a tugboat, causing significant personal injury.
Department for Business Innovation and Skills: Recently instructed to defend a wife accused of aiding and abetting her husband’s Bankruptcy Act offending, tried in the Crown Court. Defendant acquitted.
Contact Simon Thomas
Phone: +44 (0) 20 7242 3555
Fax: +44 (0) 20 7242 2511
Email: clerks@7br.co.uk