Benjamin’s practice is rooted in the prosecution and defence of serious criminal offences and is instructed in cases straddling the spectrum of criminal law including cases with particular sensitivities. He is frequently instructed to advise individuals and businesses pre-charge and his involvement has often led to prosecutions being discontinued or remitted for ‘out of court’ disposals. He is often instructed to advise in respect of private prosecutions.
 1 Cr App R(S) 1,  EWCA Crim 1297 – R v Khellaf
– successful appeal against sentence, now the leading case on the imposition of Restraining Orders in the criminal courts  EWCA Crim 1010 – R v Christopher
– successful appeal against sentences of imprisonment and the imposition of extended sentences.  EWCA Crim 1294 – R v Semsili and others
– successful appeal against sentence  EWCA Crim 1827 – R v AO
– successful appeal against sentence leading to the appellant’s immediate release from custody
Currently instructed to advise an individual who is being investigated in relation to the importation of 500Kg of cocaine.
Currently instructed to represent an individual charged with the supply and distribution of cocaine across the UK.
R v NS (Stratford MC and Woolwich CC) – Complete discharge at committal proceedings in relation to allegations concerning the supply of class A drugs. When NS was charged with the same offences for a second time, the prosecution formally offered no evidence upon those allegations following pre-trial legal submissions.
R v AB (Isleworth CC) – Successful application to dismiss allegations relating the supply of class A drugs.
R v CW (Isleworth CC) – Instructed to represent someone charged in relation to the supply of class A drug, blackmail and a number of other offences. During the course of the 6 week trial, as a result of legal submissions, the prosecution accepted they could not proceed with allegations relating to blackmail.
R v A and A (Woolwich CC) – Father and son charged with kidnap and allegations of violence in the build-up to what, the prosecution alleged, was a forced marriage. After obtaining defendant’s mobile telephones and instructing forensic experts to authenticate ‘time stamps’ and ‘geo stamps’, the prosecution was forced to offer no evidence across the entire indictment.
R v AR (Central Criminal Court) – Instructed to defend allegations of witness intimidation and various other offences. The defendant was acquitted of all offences despite the fact that the Judge’s summing up including a direction that no lawful defence had been provided in response to the criminality alleged.
R v CB (Harrow CC) – Successful defence of mistaken identity relating to an individual charged with an allegation contrary to s.18 OAPA 1861 in respect of his alleged neighbour.
R v XY – Successful defence of an individual charged with firearms offences: after a careful analysis of the statutory regime, the prosecution was forced to accept that the items seized were not prohibited by the statutory framework.
R v RM (Lewes CC) – Successful defence of an individual who, alongside 3 others from the Essex area, had been charged with ‘conspiracy to burgle’ in respect of numerous burglaries around the south coast. In total, RM faced an 8-count indictment. Each and every allegation against him was dismissed (each for different reasons). The others proceeded to trial.
R v AN (Southwark CC) – Successful defence of an individual who, alongside 5 others, had been charged with ‘conspiracy to burgle’ in respect of numerous burglaries outside London. AN was the only person to succeed with an application to dismiss. The others proceeded to trial and in due course all received lengthy sentences of imprisonment.
Benjamin has considerable experience in respect of cases involving vulnerable individuals. He is often instructed in cases involving individuals who are ‘unfit to plead’, individuals who need intermediaries or young individuals. He has a thorough practical experience of the legislative framework concerning hospital orders and hybrid orders.
Benjamin specialises in offering advice to individuals and corporations alike in relation to motoring offences including speeding, drink-driving and dangerous driving. He has an exceptional record when instructed to represent those most at risk of losing their driving licences as a result of “totting”, “revocation” or “mandatory disqualification”.
Benjamin is frequently instructed on appeals against a decision from the Magistrates’ Court and, on rare occasions, to negotiate pleas of ‘guilty’. He has particular expertise in advising foreign nationals in relation to road traffic offences.
A sample of his cases reported in the press include: