Justin McClintock

Year of call: 2009

 

Justin has established a reputation as a skilful and tactically astute advocate who is fearless in fighting for the best outcome for his clients.

Justin’s meticulous preparation and persuasive advocacy have brought him consistent success defending serious criminal charges.  He is increasingly sought after by professionals charged with criminal offences and offers additional expertise in regulatory matters. Justin is frequently instructed in the crucial early stages of an investigation and provides detailed pre-charge advice in cash seizure and restraint proceedings.

Justin’s commitment to his clients is complemented by his proactive and intelligent approach to case preparation, legal argument and the instruction of experts.

Notable Cases

Serious violence 

R v – H – Leading counsel for defendant charged with attempted murder in highly complex 11-handed trial. Justin’s client was the only defendant to be found not guilty of attempted murder despite not giving evidence and providing a no comment police interview. The volume of evidence in this case was so large that for the majority of the trial the prosecution had the benefit of leading counsel and two juniors.

R v A – Unanimous not guilty verdicts on charges of kidnap, attempted GBH and ABH. Justin’s client was the only defendant to escape conviction on all charges despite not giving evidence, a no comment police interview, and agreed evidence that he had driven the victim to and from the scene of a brutal attack (news item here).

R v S – Not guilty verdicts secured for defendant accused of being part of a machete wielding gang responsible for a series of  robberies and the false imprisonment of a teenage girl for several hours. Justin secured not guilty verdicts on all counts following a successful half-time submission. Justin’s client was the only defendant to be acquitted of all charges (news item here).

R v D – Not guilty verdict secured for 18 year-old charged with s.18 GBH, the jury returning a unanimous not guilty verdict in less than 20 minutes (news item here).

R v G – Not guilty verdict secured for defendant accused of bottle attack and sexual assault (news item here).

R v A – Not guilty verdict secured for defendant accused of hammer attack on a jogger in road rage incident (news item here).

R v AD – Not guilty verdicts secured for maths teacher accused of assaulting two A-level students. Justin was privately instructed to conduct the successful Crown Court appeal (news item here).

R v SD – Not guilty verdict secured for architecture tutor charged with assaulting a student.

R v A – Successful abuse of process argument on the basis that the Crown had unfairly and inappropriately attempted to lay a new charge on the day of trial.

R v T – Trial counsel in complex multi-handed matter concerning serious injuries sustained by a toddler. Careful cross-examination of multiple experts required.

Financial crime

R v B and others – Defendant acquitted of sophisticated boiler room fraud that received nationwide press attention (gravity and complexity warranting leading and junior counsel for the Crown).

R v O and others  – Represented defendant at centre of large scale and sophisticated conspiracy to steal mobile phones. Gravity and complexity warranting leading and junior counsel for the Crown.

R v G and others – Led junior in massive counterfeit medicine fraud described as ‘the most serious breach of the medicine control regime’ in the EU.

R v B and others – Acted for defendant in £9.8 million money laundering case . Court persuaded to impose a sentence that made him eligible for immediate release following the sentence hearing (reported here).

R v Z – Privately instructed to defend an international student charged with credit card fraud. Justin secured a unanimous acquittal by the jury despite the defendant’s acceptance that she knowingly purchased luxury goods ‘to order’ using a credit card that was not in her name and was found to be counterfeit.

Home Office v C – Privately instructed in cash forfeiture  proceedings. Secured the return of very large cash sums following extensive legal submissions re the leading authority of Angus.

R v P – Successful submission of no case to answer after Justin’s cross-examination of the complainant led the trial judge to conclude there was insufficient evidence for the case to continue.

R v G and another – Secured unanimous acquittal of straight-A university student accused of dishonesty (news item here).

R v R –  Secured double acquittal of mother charged with money laundering (news item here).

R v VH – Crown compelled to offer no evidence after Justin successfully opposed both hearsay and bad character applications in respect of an alleged benefit fraud at an address where approximately a substantial quantity of cannabis was discovered.

Civil disobedience 

R v M – Trial counsel for protestor accused of damaging a painting valued in excess of £100 million (incident reported here).

Sexual offences

R v Z Led junior in vastly complex prostitution network trial requiring consideration of in excess of 200,000 pages of evidence.

R v M – Successful defence of teacher charged with sexual assault on an audience member during a performance at the National Theatre. News item here.

R v K –  Secured not guilty verdicts on all charges in a case concerning allegations of serious sexual assault, battery, and witness intimidation (charged as an attempt to pervert the course of justice). News item here.

R v O – Secured unanimous not guilty verdict from the jury in case where the defendant had allegedly exposed his genitals to various members of the public.

R v T –  Successful defence of man charged with an act outraging public decency and breach of notification requirements.

R v D – Successful defence of youth in multi-handed sexual assault case. The complexity of the case was such that certificate for counsel was granted.

Firearms

R v B –  Suspended sentence achieved on the basis of ‘exceptional circumstances’ where the minimum sentence was 5 years’ imprisonment. This sentence was achieved following extensive research and both written and oral submissions on the application of R. v Avis [1998].

Drugs

R v K – R (on the application of Wright) v CPS[2015] EWHC 628 (Admin) – successful appeal on the basis of flawed evidence re the identification of magic mushrooms (news item here). This case has become a leading authority on the admissibility of expert evidence / the identification of drugs and is reported in Blackstones Criminal Practice 2018.

R v K – Defendant acquitted by the jury of conspiracy to supply 20kg of cannabis having not given evidence in his trial.

R v M – Successful appeal against sentence in conspiracy to supply cocaine asserted to be worth £2.5 million (news item here).

R v Z – Successful defence of defendant charged with supplying Class A drugs.

 

Driving offences

R v B – Crown forced to offer no evidence after just a single question of the complainant in cross-examination.

R v J – Achieved a not guilty verdict in a drink-driving trial concerning a defendant who had been rinking prior to crashing his car, tested positive for alcohol at the road side, and accepted that his driving had been dangerous.

R v W – Secured not guilty verdict on drug-driving charge where the defendant had failed a roadside field impairment test and tested positive for cannabis at the police station.

Regulatory offences

Justin accepts instructions in a broad range of regulatory and disciplinary matters. He has acted for the NMC in a wide range of cases. He was also instructed as part of the defence team for Pakistan cricket captain Salman Butt in the high profile disciplinary proceedings brought by the Intentional Cricket Council alleging match fixing in test cricket matches (news item here: https://www.theguardian.com/sport/2011/feb/05/salman-butt-ban-icc-spot-fixing ).

Qualifications

LLB (King’s College London)

BVC (College of Law)

Professional Associations

South Eastern Circuit

Criminal Bar Association

 

 

Reported Cases

Regina v Maddin [2016] EWCA Crim 1283. Successful appeal against sentence in conspiracy to supply cocaine asserted to be worth £2.5 million.

Republic Bank Limited (Appellant) v Lochan and another (Respondents) (Trinidad and Tobago) https://www.jcpc.uk/cases/jcpc-2014-0087.html –  Justin (led by Anand Beharrylal) successfully represented the respondents against Republic Bank Limited in complex property dispute (news item here).

R (on the application of Wright) v CPS[2015] EWHC 628 (Admin) – successful appeal on the basis of flawed evidence re the identification of magic mushrooms (news item here).

Allan v Croydon Council [2013] EWHC 1924 (Admin) – Successful case stated appeal against ASBO terms that were unnecessary / excessively restricted the appellant’s right to associate with his friends (reported here).

Other Experience

• Assisted in research / editing of the second edition of ‘Abuse of Process: A Practical Approach‘ (Colin Wells, 2011).

• Author of ‘The LawWorks Immigration Report: Assessing the Need for Pro Bono Assistance‘ (2008).