3PB

Criminal and Regulatory

Overview

Kate Lumsdon KC defends and prosecutes a broad range of criminal and regulatory cases, from murder, rape and child abuse to corporate fraud.

Recent cases include a series of murders, fraud, drug conspiracy, child abuse and people trafficking.

As a Grade 4 prosecutor she prosecuted many multi-handed cases of murder, rape, systematic child abuse, armed robbery and drug importation and distribution.

She is a vulnerable witness advocacy trainer on behalf of the Criminal Bar Association.

Kate undertakes advisory work. She has advised a Government Department as to the viability of proposed criminal offences and potential alternative solutions. She has been asked to advise the CPS in respect of difficult charging decisions. She has advised private clients as to the viability of Judicial Review proceedings.

Crime

Since taking silk in 2018 Kate has defended and prosecuted a series of murders, serious violence and sexual offences.

Many of her cases involve young or otherwise vulnerable people.

She deals with serious sexual offences from large scale multi-handed child abuse, people trafficking and prostitution to one off “date rape” situations.

She is familiar with cell site, telephone analysis and ANPR.

Notable cases:

R v K and K (2021) - Murder and attempted Murder by driving a car into a group of men Murder of one man and grave injury to two more by deliberately driving into them at maximum acceleration. Leading Daniel Fugallo, 23es.

R v B, M and T (2021) – Murder by arson of a mother and child Murder by arson of mother and child and s18 GBH of mother’s partner. Setting fire to a house at 1am as the family slept. Leading Rebecca Austin, 2KBW.

R v FI (2020) - Profound and permanent injury inflicted on new-born baby Profound and permanent injury inflicted on new-born baby Section 18 GBH and Child Cruelty. 5 expert witnesses. Leading Lesley Bates, 23es.

R v RD (2020) - Murder Defending a man charged with tying up and killing a woman in Gosport. Defendant of very low intelligence requiring an intermediary throughout trial. Leading Naomi Gyane of 3 Pump Court.

R v S (2019) – Murder Representing the interests of a severely autistic and learning disabled man who killed his mother. Leading Lizzy Acker, 23 Essex Street.

R v G and another (2019) - Murder Defending man charged with the murder of his friend following a disagreement arising out of drug dealing. Leading Simon Hanns, Crown Solicitors, Birmingham.

R v G (2019) – Murder Prosecuting a man who stabbed his wife outside a primary school where she was collecting her children.

R v C (2019) – Murder Prosecuting a man for assaulting a friend in drink – resolved by pleas to manslaughter.

R v D and W (2019) - Murder Prosecuting murder, manslaughter and drug offences where a man was stabbed to death following the robbery of a drug dealer. Leading Tom Godfrey, 23 Essex Street.

R v M (2019) - Sexual Offences Prosecuting Roman Catholic Priest for rape and sexual assault of 6 children in his congregation in the 1970s. Leading Claire Robinson, Charter Chambers.

R v L (2019) - Murder Defending man who stabbed and killed his downstairs neighbour following a dispute over noise. Leading Tom Godfrey, 23 Essex Street.

R v A and others (2018) - Murder Defending man with mental health difficulties who was jointly charged with murder. He was found unfit to plead a trial of whether he did the act was held alongside his fit co-defendants. Leading Rufus Taylor, 3 Paper Buildings.

R v L (2018) - Murder Prosecuting man for murder who dropped a paving slab repeatedly on the head of a man sleeping rough at the Brighton Pavilion.

R v W (2018) - Murder Defending man charged with murder who was attacked in his own home and responded by stabbing his assailant, killing him. Leading Tom Godfrey, 23 Essex Street.

R v A and 7 others (2018) - Drug Offences Prosecuting county lines cocaine supply conspiracy. Leading Richard Moss, 4 King’s Bench Walk.

R v E and 7 others (2017) - Sexual Offences Prosecuting historic child abuse ring perpetuated over generations of an extended family. Leading Tessa Hingston, CPS Wiltshire.

R v R (2017) - Sexual Offences Defending young man charged with raping his wife. Crown persuaded not to proceed on production of 6 months of text messages between the two together with analysis of allegations.

R v M (2017) - Sexual Offences Defending elderly man accused of raping his children in the 1970s/80s.

R v S and others (2017) - Murder Prosecuting 8 handed intra-gang axe murder. Led by Mark Fenhalls QC.

R v B and others (2017) - Murder Prosecuting 4 handed "honour killing". Led by John Price QC.

R v CIM (2016) - Sexual Offences Defending solicitor charged with conspiracy to rape, trafficking, controlling prostitution and immigration offences. Led by Simon Russell Flint QC.

Fraud, Business and Financial Crime

Kate Lumsdon QC defends and prosecutes corporate fraud in businesses from farms to animation companies.

Notable cases:

R v MP Defending farmer charged with Bovine Tuberculosis Fraud, alleged to have defrauded DEFRA of £500,000 compensation by falsifying reactions to a tuberculin test. Challenge by way of expert evidence to basis of Prosecution case – dispute that histopathological reaction relied upon was indeed abnormal, rather was a typical reaction described in textbooks. Challenge too to the integrity of the APHA’s handling of samples. Further challenge to Government assumptions/theory about spread of Bovine TB, the efficacy of its eradication programme, the necessity for its onerous record keeping requirements. Case settled by pleas to regulatory offences; fraud not pursued. Leading Tom Godfrey of 23 Essex Street.

R v BW Representing high profile tax advisor in complex case arising out of an action in the High Court. Led by Mark Fenhalls QC, 23 Essex Street.

R v G and another Representing business man in the Midlands who made children’s television programmes and was alleged to have defrauded his investors. Led by Simon Russell Flint QC,

R v DB and another Representing broker in complex corporate finance fraud ($38m) involving sale of large Nigerian telecommunications company. Led by Christopher Kinch QC, 23 Essex Street.

Regulatory crime

Kate has prosecuted for the GMC and defends cases which cross the boundary between criminal offences and regulatory breaches.

Notable cases:

R v P Defending farmer charged with fraudulently claiming compensation in relation to Bovine Tuberculosis. Case resolved by pleas to regulatory offences. Leading Tom Godfrey, 23 Essex Street.

R v S Prosecuting a doctor for sexually assaulting a series of his patients.

R v H and another Defending owner of Care Home, prosecuted for an offence under the Mental Capacity Act 2005. Court of Appeal: R v Hopkins and Priest [2011] EWCA Crim 1513. Article “Prosecutors: Beware the MCA” (Archbold Review). Leading Barry McElduff, 2 King’s Bench Walk.

Year of Call: 1993 Year of Silk: 2018

Western Circuit South Eastern Circuit Middle Temple (Blackstone Scholar) Bar Council (Western Circuit Representative) Criminal Bar Association Fraud Lawyers Association Regulatory Lawyers Association (ARDL) Bar Choral Society (Trustee)