Nicholas Berry

Practice details 

Instructed to defend in a wide variety of criminal cases, including allegations of serious violence, sexual offences, dishonesty, supply and cultivation of drugs.   Recent instructions have included allegations of rape, kidnap, aggravated burglary, multi-handed conspiracies.  Has particular experience of representing young or otherwise vulnerable defendants.   

Receives prosecution instructions from the Crown Prosecution Service, Department of Work and Pensions, and the UK Border Agency.   

Recent instructions have included : 

Judicial Review

• Successful argument that the decision of a Magistrates' Court to proceed to conclude a part-heard trial in the absence of the Defendant was 'Wednesbury unreasonable'  -  R (on the application of Drinkwater) v Solihull Magistrates’ Court [2012] EWHC 765 (Admin)

Violence    

• defendant charged with robbery and possession of firearms  : 'highly organised' targeting of two high-street jewellers, use of violence and discharge of firearms 
• defendant charged with Section 18 wounding, incident captured on CCTV - acquitted by Jury
• represented 15 year old charged with affray, one of five defendants in Crown Court trial - acquitted by Jury
• represented defendant charged with threats to kill and assault, allegations of 'historic' domestic violence - acquitted by Jury

Sexual offences 

• represented defendant charged with rape -     acquitted by Jury
  
• defendant charged with multiple counts of sexual assault upon his five year old granddaughter, involving issues of case management and approach to cross-examination of child complainant in light of R v. Barker [2010] EWCA Crim 4 - acquitted by jury
• represented defendant, opposing application for Foreign Travel Order : defendant had served custodial sentence for sexual offences against children outside the UK, and intended to return overseas
• defendant charged with making indecent photographs of a child by downloading images from the internet

Fraud and dishonesty

• represented defendant charged with conspiracy to steal property worth over £110K from commercial premises throughout the Midlands, case involved substantial CCTV, ANPR and telephone cell-site evidence  
• represented student nurse charged with benefit fraud arising from receipt of bursary during benefit claim - acquitted by Jury

Drugs 

• defendant charged with producing cannabis valued at £300K ('very sophisticated industrial operation') - Suspended Sentence Order successfully argued due to defendant’s mental health difficulties

Other   

• represented defendant with Asperger's Syndrome, allegations of prolonged course of harassment of similarly vulnerable persons, through internet chat rooms  :  issues regarding the use of intermediaries, and other special measures
• also experienced in representing the interests of clients involved in Coroner's Inquests, where there is a link to criminal proceedings

Public Access

Accredited under the Public Access procedure and in suitable cases is happy to accept instructions direct from members of the public.   Please see the Public Access section of the website for further details.