Success in High Court appeal

SP was charged with multiple counts of rape and assault against the complainant. He had previously been accused by two other complainants of similar sexual and violent offences and had gone on the run from police in 2021 for nearly four months.

Despite the significant danger posed by SP, he was granted bail by the Crown Court. Thom represented the Crown Prosecution Service in bringing a successful appeal to the High Court against the decision (CPS v SP [2023] EWHC 3239 (KB)).

In his judgment, Mr Justice Martin Spencer accepted Thom’s submissions as to the risk that SP would commit further offences and interfere with witnesses, were he to be granted bail.

The decision of the Crown Court was quashed, and SP was remanded into custody to await his trial.

'When Justice Fails' - YLAL lecture

On 13 September 2018 Thom spoke to the Young Legal Aid Lawyers on the subject of his appeals work and miscarriages of justice, together with Suzanne Gower, the Managing Director of the Centre for Criminal Appeals.

Thom and Suzanne were joined by Liam Allan, who spoke about his new project, ‘Innovation of Justice’.

The talk was kindly hosted by 39 Essex Chambers.

Court of Appeal success for Thom in sentencing appeal

The Court of Appeal today overturned a sentence imposed for serious and repeated breaches of a restraining order.  Mr O’Hagan, who was represented by Thom, sought to appeal his sentence on the basis that, in light of the recent case of R v Holgate [2017] EWCA Crim 638, it was manifestly excessive for the judge to have taken a starting point of 27 months’ imprisonment.

The Court of Appeal agreed with Thom’s submissions and reduced Mr O’Hagan’s sentence to one of 12 months’ imprisonment, which means that Mr O’Hagan will no longer be subject to further licence conditions.

The appeal was heard before Lord Justice Irwin, Sir Kenneth Parker and HHJ Aubrey QC.

Thom was instructed by GT Stewart Solicitors.

Thom is instructed frequently to both advise and represent clients in appeals to the High Court and Court of Appeal.  For more information as to his appellate practice, click here.