Damian Warburton

Damian’s Practice

Damian has a busy practice prosecuting and defending, principally in the Crown Court. While he has experience prosecuting and defending across a broad range of criminality, for private clients in particular he regularly defends in cases of sexual, and driving offences.

 

Damian is direct-access qualified, and able to accept instructions on that basis. The Bar Standards Board has granted him authorisation to conduct litigation and for direct-access clients he can therefore go on the court record in cases in which that is appropriate, which is assessed on a case-by-case basis.

 

 

 

Damian’s Background

For many years prior and subsequently to Call, he was an academic teaching criminal law in universities; and now in practice utilises this background in assessing the merits of a prosecution case, or a proposed defence. On several occasions the strength of his defence submissions has resulted in a prosecution case either being withdrawn by the CPS, or stopped by the judge at half time.

Areas of Expertise

Crime

Regulatory

 

Qualifications

LLB (Hons)

LLM

MSc

BVC (Very Competent)

FHEA

 

 
 
 
 
 
Notable Defence Cases
  1. R v MR, 2024, Crown Court – defended in an accusation of sexual assault in the workplace in which there was CCTV of the alleged assault. Five-day trial. Unanimous acquittal.

  2. R v Raffique, 2024, Magistrates’ Court – allegation of driving uninsured. Despite the defendant having earlier produced one insurance certificate that the prosecution showed to certainly be a forgery, and upon the Crown seeking an adjournment of trial in order to investigate the legitimacy of a second certificate there produced, opposition to that application succeeded. Trial ended in acquittal.

  3. R v Goreeba, 2023, Magistrates’ Court – excess alcohol allegation. Following submissions on flaws in the prosecution case, the CPS offered no evidence; Defendant acquitted.

  4. Chief Constable of Cumbria v Y, 2023, Magistrates’ Court – resisted an application by the Chief Constable for a Sexual Risk Order in circumstances in which the client admitted having engaged in depraved online conversations with a UCO, and at least two real children, as to the sexual abuse of children. Successful: the Chief Constable’s application was refused. Link.

  5. R v AF, 2023, Crown Court – defended (against L4 RASSO Crown counsel) on an accusation of historical double rape of a child by a child. Six-day trial with admitted lies in the interview, and a “no comment” second interview after DNA results exposed the earlier lies. Unanimous acquittals in under an hour.

  6. R v SW, 2023, Crown Court – defended an accusation of sexual assault; successful half-time submission. Client acquitted. Successful application for wasted costs against the CPS for having wrongfully brought the prosecution. The CPS were ordered to pay the defendant almost £18k. Link.

  7. R v EAF, 2023, Crown Court – successfully applied to dismiss 5 counts from a 10-count indictment. Dismissed 3 x voyeurism, 1 x disclosing private sexual film, and 1 x dangerous driving.

  8. R v H, 2023, Crown Court – having not acted in the lower court, defended in an appeal against conviction for an offence of intentional strangulation. Succeeded in a half-time submission that the admitted neck-hold, caught on CCTV, was not in law a strangulation. Costs Order obtained. Wrote up a discussion of the law from this case, anonymising the client, and published in the Criminal Law Review (2024, issue 6).

  9. R v McCue, 2023, Crown Court – defended an allegation of controlling/coercive behaviour. An 8-day trial resulted in a hung jury. After the complainant retracted by saying he did not want to be cross examined again, the CPS abandoned the retrial. Defendant acquitted. Costs Order obtained. Returning under the slip rule, the Crown applied for a restraining order; application defeated and a further costs order obtained.

  10. R v Adams, 2023, Crown Court – defended allegation of assault emergency worker in which all violence against a police officer was accepted. Following service of the defence statement that advanced self-defence, the CPS offered no evidence. Defendant acquitted.

  11. R v Braithwaite, 2022, Crown Court – defended on a G plea to six counts of supplying heroin and cocaine.

  12. R v RP, 2022, Magistrates’ Court – defended G plea on multiple IIOC; first hearing: persuaded District Judge to lift police bail conditions as being unlawful; at the later sentencing persuaded the District Judge that no SHPO was necessary.

  13. R v Ghandi, 2022, Magistrates’ Court – excess alcohol allegation. Following submissions on flaws in the prosecution case, the CPS offered no evidence; Defendant acquitted.

  14. R v RP, 2022, Magistrates’ Court – defended G plea on multiple IIOC; first hearing: persuaded District Judge to lift police bail conditions as being unlawful; at the later sentencing persuaded the District Judge that no SHPO was necessary.

  15. R v Cooper, 2022, Crown Court – instructed to defend in a dangerous driving in which, had the client been convicted, significant custody would have been inevitable. Drafted an Opinion, and from that an application for a Stay for abuse of process. Following service of that the CPS offered no evidence. Defendant acquitted.

  16. R v McGearty, 2022, Crown Court – defended against racially aggravated assault, simple assault, and criminal damage. Three day trial; unanimous acquittals on all counts in just 35 minutes.

  17. R v Koncius, 2021, Crown Court – defended on an indictment that put kidnap, robbery, and s.18 GBH. Via the DCS and a basis of plea, reduced this to a sole count of s.47 ABH, and to an eventual SSO.

  18. R v Szabo, 2021, Magistrates’ Court – for an HGV driver facing a six-month totting disqualification, but with no evidence of exceptional hardship, persuaded the court to reduce the disqualification to 3 months for public interest reasons.

Publications

2024

Warburton D, Defining the Elements to the offence of Strangulation or Suffocation, Criminal Law Review, 2024, Issue 6, 361 – 375

2017

Warburton D, Adverse Inferences from Silence, and Negligent Legal Advice – R v Good [2016] EWCA Crim 1054, Journal of Criminal Law, 2017, Vol. 81.1, 13-17

2016

Warburton D, Lies of the Accused and the Lucas Direction – R v Murray [2016] EWCA Crim 1051, Journal of Criminal Law, 2016, Vol. 80.6, 396-399

 

Warburton D, Arguments for Excluding a Co-Accused’s Guilty Plea and the s.78 ‘Duty’ – R v O’Brien [2016] EWCA Crim 678, Journal of Criminal Law, 2016, Vol. 80.5, 294-299

 

Warburton D, Conspiracy and Polygamy – R v Bala and Ors [2016] EWCA Crim 560, Journal of Criminal Law, 2016, Vol. 80.4, 226-234

 

Warburton D, Secondary Participation in Crime – R v Jogee [2016] UKSC 8; Ruddock v The Queen [2016] UKPC 7, Journal of Criminal Law, 2016, Vol. 80.3, 160-165

2014

Warburton D, The Doctrine of Incapability and the Emperor’s New Clothes, a protected defendant or non-existent offences?, Journal of Criminal Law, 2014, Vol. 78.3, 226-249

 

Warburton D, Intoxication and Consent in Sexual Offences – R v Kamki [2013] EWCA Crim 2335, Journal of Criminal Law, 2014, Vol. 78.3, 207-210 – cited in 15th/14th Smith, Hogan, & Ormerod’s Criminal Law : 15th edn. (OUP, 2018) p.765, fn. 76

2011

Warburton D, Murder; whether secondary liability by joint enterprise arises in circumstances of mutual conflict between defendants – R v Gnango [2010] EWCA Crim 1691, Journal of Criminal Law, 2011, Vol. 75.6, 457- 462

 

Warburton D, Risk of Duplicity on Indictments for Causing or Inciting a Child under 13 to Engage in Sexual Activity – R v Grout [2011] EWCA Crim 299, Journal of Criminal Law, 2011, Vol. 75.4, 268-272

2009

Warburton D and Lewis T, Opinion evidence; admissibility of ad hoc voice recognition evidence – R v Flynn & Anor [2008] EWCA Crim 970, International Journal of Evidence and Proof, 2009, Vol. 13.1, 50-57

2008

Warburton D (editor.), Key Statutes: Criminal Law, Routledge, ISBN 978-0340972380

2007

Warburton D, Terrorism: Jurisdictional Scope of the Terrorism Act 2000 – R v F [2007] EWCA Crim 243, Journal of Criminal Law, 2007, Vol. 71.6, 486-488

 

Warburton D, Kidnap: Extent offence can be committed by fraud – R v Hendy-Freegard [2007] EWCA Crim 1236, Journal of Criminal Law, 2007, Vol. 71.6, 484-486

 

Warburton D, Rape, Capacity to consent to sexual activity when drunk – R v Bree [2007] EWCA Crim 804, Journal of Criminal Law, 2007, Vol. 71.5, 394-396 – cited in 15th/14th/13th edition of Smith, Hogan, & Ormerod’s Criminal Law: 15th edn. (OUP, 2018), p.765, fn. 75

 

Warburton D, Murder: Diminished Responsibility: Fresh evidence – R v Latus [2006] EWCA Crim 3187, Journal of Criminal Law, 2007, Vol. 71.2, 130-133

 

Warburton D, Rape; Consent; HIV – R v EB [2006] EWCA Crim 2945, Journal of Criminal Law, 2007, Vol. 71.2, 116-118

2006

Warburton D, Book Review: ‘Rivlin: Understanding the Law, 4th edition, 2004, Oxford University Press’, in: Journal of Criminal Law, 2006, Vol. 70.6, 550-551

 

Warburton D, Smoking out the Health Bill – Don’t hold your breath!, Journal of Criminal Law, 2006, Vol.70.4, 322-329

 

Warburton D, Provocation: Objective Test; Precedent – R v James and Karimi [2006] EWCA Crim 14, Journal of Criminal Law, 2006, Vol. 70.3, 203-210

 

Warburton D, Provocation: Objective Test; Precedent – R v (Faqir) Mohammed [2005] EWCA Crim 1880, Journal of Criminal Law, 2006, Vol. 70.2, 121-126

 

Warburton D, Armed Response? – the case for resisting calls to arm the service, Police Review, Jane’s Information Group, 20th January 2006, 24-25

2005

Warburton D, All Change? The future of the service and police independence, Police Review, Jane’s Information Group, 7th October 2005, 32-33

 

Warburton D, Confidentiality and HIV: ethical issues in the care of patients with HIV, British Journal of Hospital Medicine, 2005, Vol. 66.9, 525-534

 

Warburton D, Book Review: ‘Cawthorne: The Strange Laws of Old England, 2004, BCA’, in: Journal of Criminal Law, 2005, Vol. 69.4, 361-362

2004

Warburton D, Drawing the Thin Blue Line – The reality of who controls the police, The Police Journal, Vol. 77.2, 2004, 135-144

 

Warburton D, The Rape of a Label – Why it would be wrong to follow Canada in having a single offence of Unlawful Sexual Assault, Journal of Criminal Law, 2004, Vol. 68.6, 533-543

 

Warburton D, A critical review of English Law in respect of criminalising blameworthy behaviour by HIV+ individuals, Journal of Criminal Law, 2004, Vol. 68.1, 55-77

2003

Warburton D, Taking Aim ~ Is it yet time to fully arm the British Bobby?, On The Bell: The Journal of the Emergency Services, Vol. 12.4, Gateacre Press 2003, 13-19