The Court of Appeal today quashed an Indeterminate Sentence for Public Protection ("IPP") imposed on Mr Damon Phillips in 2008 for causing grievous bodily harm with intent.
Mr Phillips sought to appeal against his sentence, nearly nine years out of time, on the basis it had been wrong in principle to pass an indeterminate sentence. The Court of Appeal agreed to quash the IPP and replace it with an Extended Determinate Sentence ("EDS"), which means Mr Phillips will no longer be subject to licence requirements for the rest of his life.
Thom Dyke represented Mr Phillips in his appeal, which was heard before Lady Justice Sharp, Mrs Justice Laing and HHJ Farrer 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. Click here for more information as to his appeals practice.
Thom represented the second of two defendants accused of numerous counts of rape and indecent assault against a young complainant. The allegations dated back to the period between 1997 and 2000.
After a trial at Kingston Crown Court, which lasted two weeks, the defendant represented by Thom was unanimously found not guilty by the jury. His co-defendant was convicted and received a sentence of 17 years’ imprisonment.
Thom has been appointed to the Crown Prosecution Service's specialist list of approved counsel who are permitted to prosecute rape and serious sexual offences.
Thom is a Grade 3 panel advocate for the CPS, and specialises in prosecuting and defending in serious criminal cases. For more detail about Thom's practice, please see the 9 Gough Square website.
If you wish to instruct Thom, please contact the clerks at 9 Gough Square by email to email@example.com or telephone on 020 7832 0500.
The Divisional Court today heard the application for judicial review by David Haigh, against a decision of the City of Westminster Magistrates' Court, to award costs of £230,446 against him, following the withdrawal of his private prosecution. The case was heard by Lord Justice Gross and Mr Justice Nicol. Judgment was reserved.
Background to the case can be found on the BBC.
Today Thom attended the rape and serious sexual offences training provided by the South Eastern Circuit. The speakers included HHJ Rook QC, John Price QC, Iain Morley QC and Caroline Hughes, and covered topics from recent developments in the case law to the Victims' Right of Review.
The Divisional Court has given useful guidance as to the scope of the Victim's Right of Review scheme. In R (on the application of Ram) v Director of Public Prosecutions  EWHC 1426 (Admin) (link), the claimant sought to bring a private prosecution against his ex-partner for perverting the course of justice.
The CPS took over the prosecution and offered no evidence. The claimant challenged the decision to offer no evidence, first via the Victim's Right of Review scheme and when that was unsuccessful, by way of judicial review.
Representing the claimant, the court praised Thom's advocacy, noting "the careful and elegant submissions advanced before us today by Mr Dyke".
Thom was instructed by Duncan Lewis Solicitors.
For details of Thom's expertise in public law, click here.
Following a recommendation by the Chief Executive of the Legal Aid Agency ("LAA") to the Minister for Legal Aid, Shailesh Vara MP, Thom has been appointed as an Independent Funding Adjudicator and Costs Assessor ("IFCA").
As an IFCA, Thom will decide on appeals brought against the refusal of legal aid funding and assessment of costs. The appointment runs from 01 July 2016 for a period of two years. The National Appeals Review Panel was created by the LAA in 2013, with the aim of improving the consistency of decision making.
Thom regularly advises both professional and lay clients on the funding and costs issues which can arise in private and publicly funded cases. He has experience of challenging decisions on appeal, either by way of judicial review, or to the Senior Courts Costs Office ("SCCO").
Judgment was handed down today by the Lord Chief Justice in the case of R v Roberts and others  EWCA Crim 71 (link). The Court of Appeal has provided further guidance in relation to appeals brought significantly out of time and the principles which apply to such applications.
This is of particular importance to those wishing to appeal against Indeterminate sentences for Public Protection ("IPP"), where appeals are often brought several years after the sentence was imposed.
For details of Thom's expertise in criminal appeals, click here.
After a four day trial, Thom secured not guilty verdicts in the case of R v S at Snaresbrook Crown Court. The defendant was accused of stabbing her cousin's partner, but successfully argued she was acting in self-defence, after she accused him of sexually assaulting his stepdaughter. The case involved delicate but detailed examination of a nine-year-old witness.
Alun Jones QC and Thom Dyke have been instructed by Kaim Todner to judicially review a £230,000 costs order made against David Haigh, the former managing director of Leeds United Football Club. The order was made in October 2015 following Mr Haigh's application to bring a private prosecution. He alleged his former employers two GFH Capital executives, and their lawyer, former Gibson Dunn & Crutcher partner Peter Gray, engaged in “human trafficking” to lure him to Dubai where he is currently in prison.
Thom appeared today in the Court of Appeal before the Lord Chief Justice, in one of thirteen conjoined cases concerning appeals against Indeterminate sentences for Public Protection ("IPP"). The specially convened court heard argument on the vexed question of appeals brought significantly out of time, and is expected to give guidance as to what principles should be applied.
The Court of Appeal praised Thom's trial advocacy today in the case of R v Colukoglu  EWCA Crim 1900. Giving the judgment of the court, the Recorder of Westminster, HHJ McCreath said:
“We pay particular tribute to him...for the manner in which he conducted the trial, acting, we are fully satisfied, with total propriety and in the very best traditions of the profession."
Today Thom attended advanced inquest training, provided by the Legal Action Group. Training was provided by Leslie Thomas QC of Garden Court Chambers and Adam Straw of Doughty Street Chambers, and is supported by INQUEST.
Click here for further details of Thom's experience representing parties at inquests.