Nicholas Berry

Recent instructions have included:

Firearms

• Represented defendant charged with robbery and possession of firearms in the ‘highly organised’ targeting of two high-street jewellers, firearms discharged
• Represented defendant acquitted of conspiracy to possess a firearm with intent to endanger life
• Represented defendant acquitted of offences in relation to threats to detonate a bomb in a public building, in an incident which caused evacuation and closure of parts of Walsall town centre

Sexual offences

• Represented defendant at two separate trials acquitted of rape upon unconnected women whom he had been in a relationship with.
• Represented elderly defendant acquitted of raping elderly male within care home.
• Represented defendant acquitted of raping her child son.
• Represented defendant acquitted of sexual assault upon a sleeping woman.
• Represented defendant acquitted of multiple counts of sexual assault upon his five-year-old granddaughter, with legal issues surrounding use of intermediaries to facilitate the extreme youth of child witness giving evidence.
• Represented elderly defendant acquitted of multiple offences of sexual assault on a child neighbour with issues that involved the mental health and behavioural difficulties of the child.
• Represented defendant acquitted of offences of sexual assault on a child: issue of belief as to child’s age.
• Represented ‘Samaritan’ defendant acquitted of raping young woman within his car having delivered her home.
• Represented defendant acquitted of sexually assaulting wheelchair-bound female following ‘Tinder’ rendezvous.
• Represented defendant charged with multiple ‘stranger’ serial rapes and sexual assaults upon young, intoxicated women in South Birmingham area. Defendant targeted his victims using a ‘rape attack kit’.

Murder and manslaughter

• Represented defendant acquitted of encouraging/assisting the attempted murder of another by her boyfriend
• Defence junior: murder by son of his father: issue loss of control (led by Rachel Brand KC)
• Defence junior: murder of ‘best friend’ following earlier fight: issue self-defence (led by Andrew Smith KC)
• Defence junior: murder of vulnerable female neighbour: issue alibi that involved substantial amounts of CCTV and mobile telephone evidence along with prison cell confessions (led by Rachel Brand KC)
• Defence junior: defendant charged with murder, burglary and theft following the planned shooting of a young male in Birmingham. Judge directed the jury to find defendant not guilty on all charges following half submissions (led by Andrew Hall KC)
• Prosecution junior: defendant charged with murder of wife and two co-defendants charged with assisting an offender recruited to assist in the burial of her body in woodland: issue denial of any involvement. All convicted following trial (led by Simon Denison KC)
• Prosecution junior: three defendants charged with murdering a father in his garden whilst his step-son looked on: issue self-defence. All convicted following trial (led by Timothy Hannam KC)

Financial crime

• Represented an employee of a major clearing bank who had conspired to commit fraud, including the transfer of £260K into fictitious accounts: sentence of imprisonment suspended following mitigation.
• 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 hospital nurse acquitted of benefit fraud arising from receipt of bursary during benefit claim.
• Defence junior: represented one of three defendants charged with offences of defrauding the FA and SKY TV through the large-scale sale of illegal commercial satellite systems throughout the UK over a decade.

Drugs and gang-related offences

• Represented defendant charged with producing cannabis valued in excess of £300K (‘very sophisticated industrial operation’): sentence of imprisonment suspended following mitigation that centred around defendant’s mental health difficulties.
• Represented defendant who was part of a sophisticated criminal organisation charged with conspiracy to supply Class A drugs, money laundering and conspiracy to manage brothels.
• Regularly instructed to represent defendants involved in Class A ‘county lines’ offences.
• Represented defendant charged with prison mutiny arising out of disturbances at HMP Hewell.

Inquests

• Experienced in representing the interests of clients involved in Coroner’s Inquests, where there is a link to criminal proceedings. Recently represented the family of grandfather Mohammed Saleem who had been stabbed and killed outside a Birmingham mosque: obtained an order for release of the body for burial, prior to identification of a suspect.

Road traffic

• Represented defendant acquitted of causing death by dangerous driving, who had turned into the path of an oncoming cyclist, causing her death.
• Represented defendant sentenced following mitigation advanced to a Community Order for causing the death by careless driving, who had been distracted by a wasp causing the defendant to swerve into oncoming vehicle.

Other notable offences

• 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.
• Defendant convicted of arson with intent to endanger life: sentence of imprisonment suspended following mitigation that centred around the PTSD suffered following army service in the Middle East.
• Represented defendant who set fire to psychiatric hospital where he was an in-patient: special verdict of ‘not guilty by reason of insanity’ obtained.
• Represented defendant acquitted of Section 18 wounding by ‘glassing’ another in a pub, incident captured on CCTV.
• Represented defendant charged with kidnapping, robbery, Section 18 wounding: sustained and vicious attack including burning victim.
• Represented defendant charged with 13 offences of robbery, ‘car jacking’ high value vehicles, force used included threats with handgun and pistol whipping. Successfully argued against finding of ‘dangerousness’ despite defendant’s previous convictions for robbery.
• Represented nightclub doorman acquitted of causing s.18 grievous bodily harm to customer: issue of self-defence.
• Instructed by police to apply for Violent Offender Order in respect of a prisoner due for release, whose previous convictions included serious attacks upon prostitutes: Order successfully obtained following contested hearing.
• R (on the application of Drinkwater) v Solihull Magistrates’ Court [2012] EWHC 765 (Admin): instructed to Judicial Review defendant’s conviction following trial in absence. Conviction quashed following successful application. The principals of law reconsidered when deciding to proceed with a criminal trial in the absence of a defendant.