Justin McClintock

Year of call: 2009

 

Justin’s practice encompasses all aspects of crime, including fraud, serious violence, and drugs. He offers additional expertise in regulatory matters.

Justin is a tenacious and tactically astute advocate who fights hard to achieve the best outcome for his clients. He combines this with a personable approach and is regularly instructed to defend the young and vulnerable. Justin has also enjoyed consistent success acting for professionals charged with criminal offences.

Notable Cases

Violence

R v – H – Defending a charge of attempted murder in a trial concerning 21 defendants (to be heard in February 2018).

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 (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.

Drugs

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 G –  Led for four weeks in trial concerning £4.7 million counterfeit medicine importation described as the most serious fake medicine fraud in the European Union (reported here).

Dishonesty

R v O and others  – Represented defendant at centre of large scale conspiracy to rob mobile phones (prosecuted by leading and junior counsel).

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 release following the sentence hearing (reported here).

Home Office v C – Privately instructed in a two-day cash forfeiture hearing. Secured the return of cash sums of £24,000 and €35,000 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 charged with burglary after six-day trial (news item here).

R v R –  Secured double acquittal of mum 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 1 kg 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 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].

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).