Robert Newcombe
Year of Call 1996

 

Barrister - Year of Call: 1996

Areas of Practice

Criminal Law

Environmental Law

Synopsis

Robert Newcombe is a member of the Criminal Bar Association and the UK Environmental Law Association.

He currently represents clients investigated by the Police Central e-Crime Unit , The Environment Agency, Local Planning Authorities and other police and prosecution agencies.

He acts as leading counsel in complex criminal trials, such as fraud and money laundering. He has successfully defended clients charged with attempted murder at the Central Criminal Court. He has also been lead by QCs in successfully defending a number of clients on murder charges at the Central Criminal Court and elsewhere. Robert also represents parties at inquests.

In 2011 Robert represented a client in the UK’s first multi-million pound Cyber fraud case (conspiracy to defraud), where the Zeus Trojan virus had been utilised by a sophisticated criminal syndicate to assist in removing funds from internet-accessible bank accounts. The investigation was begun by the FBI in the USA. Robert has a clear understanding of the intricacies of evidence gathering in cyber fraud investigations.

Robert also often acts for clients charged with grave offences involving firearms and drugs (supply and importation).

He has extensive experience in representing vulnerable clients (often charged with rape, where the complainants are themselves often vulnerable).

He also regularly acts for businesses, landowners and other individuals charged with Environmental and Planning Law offences. These include:

Breach of planning Enforcement Notices (prosecutions and injunctions and appeals);

Waste and pollution cases

He advises on Environment Agency civil sanctions; and remediation of sites.

Robert also acts in confiscation proceedings and appears in the Court of Appeal.

He has presented lectures to practitioners on a wide range of subjects for CPD. Recent lectures include: “Firearms Law and Case Management” and “Defending Environmental Prosecutions” and “Enforcement Proceedings under Part 8 of the Enterprise Act 2000”.

Robert enjoys mastering the detail of forensic expert reports including DNA, pathology, financial, computing and other scientific evidence and excels in presenting such complex evidence to juries.

 

Notable Cases

Central Criminal Court - Attempted Murder: defendant was charged on a joint enterprise basis. He was acquitted of attempted murder but convicted of aggravated burglary and possessing a firearm while committing a Schedule 1 offence. The co-defendant stabbed the victim numerous times and was convicted on all counts. Identity was disputed by both defendants.

Central Criminal Court - Attempted Murder: complainant was shot in the head with a .22 shot cartridge fired from a pre-1880 hammer pistol. The defendants were both successful with their defence of accident.

Central Criminal Court - Attempted Murder: defendant stabbed his brother 9 times in self-defence, during an argument at work. He was acquitted of all charges.

Central Criminal Court - Murder: (lead by Tim Barnes QC): the victim was bludgeoned to death with a hammer in the back of a car while the defendant drove. He was acquitted.

Central Criminal Court – Murder: (lead by Nigel Baker QC): defendant acquitted. Gang fight; both sides in dock together all arguing self-defence. Three of five defendants ran cut-throat defences against our client, including the murderer.

Central Criminal Court and Court of Appeal - Murder: (lead by Tim Barnes QC): the defendant was convicted of murder (in the course of a robbery) and numerous other robberies of a similar nature. Identity and causation were in issue. Medical evidence was given by neuropathologist, pathologist, neurosurgeon, A&E registrar, ambulance crew and GP.

Central Criminal Court: Manslaughter: (lead by Nigel Rumfitt QC): defendant pleaded guilty to manslaughter, having fatally injected his drug-using friend with heroin.

Central Criminal Court: Rape: 15 year old defendant pleaded guilty to indecent assault after confession to rape was excluded by trial judge under s. 78. Sentenced to Supervision.

Newcastle Crown Court: Murder: (lead by Paul Sloan QC): defendant stabbed his father to death. Manslaughter by reason of provocation accepted by Crown on day of trial.

Croydon Crown Court: Money Laundering: (leading counsel): defendant acquitted of money laundering after 8 week trial. Crown unable to state what the source of the alleged criminal money was. Numerous cash amounts sent abroad via money transfer companies. Crown relied upon shortfall between defendant’s earnings over 6 years and amount sent abroad in cash.

Croydon Crown Court: Conspiracy to Defraud: FBI investigation lead to UK arrests of organised crime syndicate members, who used the Zeus Trojan virus to gain password details and remove several million pounds from internet-accessible bank accounts.

Wolverhampton Crown Court: Section 18 Wounding: defendant fractured victim’s skull while sleepwalking. Defence of non-insane automatism successful. The external factors of increased dose of Prozac with a disturbed sleep pattern and alcohol were accepted by the Crown as having acted upon a pre-existing medical condition (OCD and depression).

Canterbury Crown Court: Conspiracy to Supply Class A Drugs: defendant drove a car into the UK from Holland, containing 25kg of cocaine. Client was acquitted; cut-throat with elderly passenger who was convicted, (her daughter having pleaded guilty).

Teesside Crown Court: Conspiracy to Defraud: £8,000,000, 10 handed DVD ring (Copyright, Designs and Patents Act 1998) – defendants all pleaded guilty. Client received non-custodial sentence.

Court of Appeal: R v Mitchell [2004] EWCA Crim 3206 – Appeal against Rape conviction dismissed (s. 41 YJCEA 1999 – temporal provisions).

Court of Appeal: R v Kuosmanen – Appeal against sentence imposed for importing 250 passports and travel documents through customs. Failure to mention credit for guilty plea by sentencing judge: appeal dismissed.

High Court: B. v BBC – Application for emergency injunction to prevent footage being broadcast that may have affected the applicant’s Article 2 Right to Life. He was a defendant awaiting trial for murder. BBC argued that Human Rights Act did not apply to its broadcast function, but this was rejected by Collins J: it was arguable that it did for the purposes of the application.

 

Education

Haileybury and Imperial Service College, Hertford

University of Northumbria:  LL.B (Hons)

Inns of Court School of Law

Pupil at Chambers of Ashe Lincoln QC, 9 Kings Bench Walk, London

and Chambers of Richard Ferguson QC, 1 Crown Office Row, London

 

Memberships

Criminal Bar Association

UK Environmental Law Association

The Honourable Society of Lincoln’s Inn

Robert’s clerks can be contacted at clerks@7bellyard.co.uk