Memberships:
SE Circuit,
Criminal Bar Association

Teams:

Crime *

* Especially licensing, regulatory offences and fraud

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Richard Kelly B.A.

Richard specialises in prosecuting and defending all kinds of serious crime. In recent years his practice has concentrated on serious violent offences (including Homicide), sexual offences (in particular Rape and offences against children including the grooming and indecent imagery of children), drugs offences (including conspiracy to supply and import hard drugs) and Fraud (in particular white-collar fraud and offences against employers).

Richard has also conducted a number of particularly challenging confiscation hearings and has an expertise in firearms offences.

CASES OF INTEREST:

R. v. Mauricia (Richard Audberto) [2002] 2 Cr. App. R. 27. Appeared for the appellant in this pre-CJA 2003 case involving the method of proving foreign convictions.
R. v. Herridge (Matthew John) [2006] 1 Cr. App. R. (S.) 45. Appeared for the appellant in this landmark case regarding the impact of the reclassification of cannabis upon sentencing cultivators.
R. v. Lu Zhu Ai [2006] 1 Cr. App. R. (S.) 5. Appeared for the appellant in one of the earliest authorities on sentencing those attempting to enter the UK with no immigration documentation.
R. v. Mitchell (Walter Joby) [2008] Court of Appeal Criminal Division (currently unreported). Appeared for this appellant who successfully appealed against his conviction for Robbery. The Court grappled with the complexities of section 6 of the Theft Act 1968 and its application to a car-jacking case where there was no obvious evidence of an intention to permanently deprive.
Regina v. Luscombe, Rowley and East [2007] Chelmsford Crown Court (and currently before the Court of Appeal). Prosecuting junior in this multi-handed murder.
Regina v. Lynch [2008] Basildon and Inner London Crown Courts. Represented this defendant accused of a very significant and complex fraud against her charity employers.
Regina v. Ollie, McMahon and Brooks [2008] Defence junior in this multi-handed conspiracy to steal from security vans.
Regina v. F and J [2008] Chelmsford Crown Court. Richard is currently defence junior to a 13 year-old child accused of murder. The case involves in excess of 20 child witnesses and complex CCTV and MSN traffic evidence.
Regina v. L [2008] Chelmsford Crown Court. Leading prosecution junior in this complex and high-value employee fraud. The Defendant is accused of fabricating over £3 million of false orders which were then presented to his employers resulting in catastrophic losses.

OTHER INTERESTS

Richard’s young family consistently presents him with new ‘interesting’ challenges. He no longer plays to his golf handicap of ‘4’ and is less frequently seen treading the turf of local football pitches. His passion for wine seems to have galvanised.

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