Showing posts with label criminal lawyer. Show all posts
Showing posts with label criminal lawyer. Show all posts

Thursday, 20 March 2025

Apparently there is only one Dominic D’Souza! A heart warming message from a grateful client. It is these moments that make the job worthwhile!

 


Wednesday, 19 March 2025

Teen murders and teen murderers, how do we kill this crisis?

 Teen Murders in the UK: A Deepening Crisis and the new KKK.

Introduction

The rise in teenage murders in the UK has become a critical issue, highlighting the growing dangers faced by young people, particularly in urban areas. While overall crime rates have fluctuated, youth homicides—especially knife-related killings—have steadily increased over the past decade. I was called to the Bar in 1993.  In those early days of my practice it was rare to receive a brief to defend a murder case.  So rare in fact, that I could not help my pulse racing when reading the indictment…..MURDER contrary to Common Law.  But that was 30 years ago.  And none of those murder cases I defended back then involved teenage victims or defendants.  Sadly the world is a vastly different place today and I have lost count of the number of teenage defendants I have represented in murder cases, shootings and stabbings over the last ten years.  Tragically most of these cases have involved teenage victims; young men who were all but boys, dead before they could even start their journey through life.  Why are kids killing kids? The issues are complex, and go beyond those involving gang violence, social deprivation, exploitation, and failures in policing .
In this article I attempt to define the scope of the crisis and to provide an insight into it’s root causes.  For perspective I mention a number of relevant cases and finally I venture an opinion as to the effectiveness of current strategies to combat KKK – Kid on Kid Killing.

The Scale of the Problem

Teen homicides in the UK have reached concerning levels, particularly in London and other major cities such as Birmingham, Manchester, and Liverpool. Statistics reveal that a significant proportion of teenage murders involve knives, with stabbings being the most common cause of death.

Key Statistics

- In 2021, the UK recorded its highest number of teenage homicides in over a decade, with 30 teenagers murdered in London alone.
- In England and Wales, 40% of homicide victims aged 13-19 were killed with a knife or sharp instrument in recent years.
- The vast majority of teenage murder victims are male, and many are from Black and ethnic minority backgrounds, particularly in inner-city areas.
- Teenagers are not just victims but also perpetrators, with many killings being carried out by other young people.

Root Causes of Teenage Murders

Knife Crime and the Normalisation of Weapons

Knife crime has become a major driver of teen murders. Many young people carry knives for protection, but this increases the likelihood of violent encounters turning fatal. Some key reasons behind the rise in knife-carrying among youth include fear, peer pressure, social media influence, and easy access to knives.  There have been a number of reviews in relation to sentencing policy for offences of knife possession in a public place but harsher sentences have done little to deter those who wish to go about their day armed with a lethal blade.  Most recently ‘zombie knives’ have been outlawed for sale in the UK, quite sensibly as it seems to me that their only purpose could be to maim or kill.  However, as I write this article a cursory search of the internet and a scroll through Tik Tok reveals how easily these dangerous weapons can still be purchased.  In fact there are sales not only of zombies but flick knives, stiletto knives, lock knives, hunting knives, knuckle knives and a dizzying array of other assorted weapons for assault.  Our government’s response to this online problem has been singularly parlous.  I cannot understand why the government cannot make sales of assault knives to any UK purchaser by any online platform illegal.  If not a criminal offence, punitive fines could be levied for any breach of the prohibition.  I appreciate that this type of restriction would require the assistance of any hosting platform – such as Facebook, Tik Tok, Amazon, Ebay etc – but those are just hurdles that I believe our government should surmount in the creation of a comprehensive policy in relation to assault knives.  I note that although gun sales are more common in the US than car sales, here in the UK you would have to delve into the Dark Web to find a single gun for sale.  Why?  Because it is illegal to sell firearms in the UK.  Surely it can be made equally impossible to obtain knives manufactured only for assault if our government spent more time formulating a policy about this important issue?

Gang Culture and Territorial Conflicts

Gang involvement is a significant factor in many teen murders. Gangs often recruit vulnerable young people, using them for drug trafficking, violent enforcement, and other criminal activities. The rise of 'postcode wars' has led to deadly clashes between young people simply for being in the wrong place.  The majority of the murder cases I have defended over the last decade have been gang related and you need only go down to the Old Bailey on any given day to see that at least one of the courts is occupied in a gang related murder case.  Gang related violence is not just a territorial issue. There has been a marked reluctance in both legal and political circles to address what are clear cultural factors pertaining to gang culture.  In my own practice, the overwhelming majority of gang murders or gang violence that I defend involve black defendants and only to a slightly lesser extent, black victims.  This racial demographic is particularly apposite in our cities – London, Birmingham, and Nottingham where black youth gang culture is most evident – but also in Manchester, Liverpool and parts of the North East.

County Lines and Criminal Exploitation

The county lines drug trade often utilises children by exploiting their vulnerabilities, and this has contributed to the rise in teen murders outside our main cities.  County Lines drugs operations have expanded the presence of gang activity from the cities to the smaller towns where there is still a market for recreational drugs such as crack, cocaine, heroin or Ketamine.   Young people who become involved in drug trafficking are at high risk of violence, either from rival gangs or their own leaders if they fail to comply with the demands of the Organised Crime Group to which they belong.  As a result there has been a substantial increase in drug related violent crime in towns and villages that was unheard of only a decade ago.  From my own perspective and having defended a number of County Lines cases I can say this:  these are complicated cases that are difficult to investigate and thereafter prosecute.  My own view is that in this particular area the police are doing an excellent job in identifying and thereafter prosecuting county lines cases.  In this regard the police are greatly assisted by expert evidence from telecommunications professionals who are getting better and better at presenting complex data in jury friendly formats.

The Role of Social Media in Escalating Violence

Social media has become a key factor in youth violence, with online disputes often leading to real-world attacks. Platforms like Snapchat, Instagram, and TikTok are used to spread threats, public humiliation, and violent content, fueling cycles of retaliation.  The use of social media by our school children is something that is trending presently in the UK.   A number of schools have implemented bans on social media use and it is a matter of debate whether to impose an age limit of 16 plus as a requirement for subscription to any social media platform.  I note that Australia have recently implemented such restrictions nationally.  In my own practice I have been shocked at the pernicious effect social media platforms have had in many of the cases I have defended.  I have seen gang related group violence arranged by tweet, instagram, snapchat and Facebook.  Misinformation is often circulated virally resulting in tragic consequences that should never have come to pass but for the ‘fake news’ sent around groups of teenagers who are glued to any developments in the drama of the day.  YouTube is often a repository of ‘drill videos’ in which gangs rap about what they have done to their enemies, or otherwise humiliating their rivals.  I have been surprised in the cases I have defended how prevalent these drill videos are in the lives of young teenagers who follow such artists.  Drill videos often glamorize gang culture, drug dealing, violence and murder.  They project an image of fast cars, designer clothes and piles of cash.  These videos are a dreadful and worrying influence on teenagers who watch them.

Andrew Tate’s Influence on Young Men and Its Connection to Teen Violence

Andrew Tate, a former kickboxer and social media personality, has become a polarizing figure in discussions about masculinity, youth culture, and violence. His messaging often includes hyper-masculinity, anti-establishment rhetoric, rejection of weakness, and encouragement of dominance. While he does not explicitly promote violence, his ideology can reinforce toxic behaviors that contribute to youth crime.  However, in my view Tate has been unfairly singled out in any assertion that there is a correlation between his philosophy and teen murder in the UK.  It may well be that Tate’s philosophies of life are repugnant to most of us who have any moral compass.  However, the views that he espouses relate primarily to the status of men over women.  Unlike the drill videos I have discussed above, nothing Tate says glorifies KKK.  Indeed, the KKK problem existed long before Tate became an internet influencer.  I do however accept that influencers who put out msyogynistic content contribute to the landscape inhabited by a young teen veering towards violence.  In a cultural context, black young men often refer to their partners as their ‘bitch’ or their ‘hoe’. The term ‘baby mother’ originated in the black community and although these derogatory labels have now crossed cultural divides they are considered more prevalent in the young black community particularly that asssociated with criminality.

In my view there are countless individuals who, in the age of the internet, have ready access to those vulnerable and impressionable teenagers influenced by harmful content.  It is unfortunately all but impossible to police this content let alone seek to manage it for a whole host of reasons such as free speech or artistic expression in a democratic society. 

Notable Teen Murder Cases and Their Impact

1. Jaden Moodie (2019)

Jaden, a 14-year-old from London, was knocked off his moped and repeatedly stabbed in a gang-related killing. He had been recruited by a county lines gang, despite his young age. His murder highlighted the dangers of youth exploitation and the need for early intervention

2. Keon Lincoln (2021)

Keon, a 15-year-old from Birmingham, was attacked by a group of teenage boys who shot and stabbed him in broad daylight. His murder, caught on CCTV, shocked the nation and raised concerns about the increasing brutality of youth violence.

3. Yousef Makki (2019)

Yousef, a 17-year-old from Manchester, was stabbed by a friend during an argument. Unlike many other cases, this was not gang-related, but it demonstrated how knife crime affects young people across different backgrounds.

These cases illustrate the devastating human cost of youth violence and the urgent need for solutions.

Government and Community Responses

1. Tougher Laws and Sentencing

• Longer prison sentences for those caught carrying knives or involved in gang-related violence.

• New laws targeting county lines networks, making it easier to prosecute gang leaders who exploit children.

2. Stop-and-Search Measures

• Increased use of stop-and-search in high-crime areas, leading to more weapon seizures.

• Controversial due to concerns over racial profiling and community alienation.

3. Youth Violence Prevention Programs

• The Ben Kinsella Trust and Lives Not Knives educate young people about the dangers of knife crime.

• Violence Reduction Units (VRUs) in cities like London and Glasgow take a public health approach, focusing on prevention rather than just policing.

4. Investment in Youth Services

• Calls for more funding for youth centers and mentorship programs to give young people alternatives to crime.

• Greater emphasis on mental health support for vulnerable youth.

5. Community Policing and Public Engagement

• Building trust between police and communities to encourage cooperation.

• Greater focus on rehabilitation rather than punishment for first-time offenders.


Conclusion: A Crisis That Requires Urgent Action

The rising number of teenage murders in the UK is a national crisis that demands immediate attention. While tougher laws and policing measures play a role, they are not enough on their own. A long-term solution requires investing in education, employment, and youth services, early intervention, and community-led initiatives to rebuild trust and provide support. Without significant changes, more young lives will continue to be lost to violence.


Sunday, 7 November 2021

My life in law…


 I’m being interviewed by Law Simplified for their podcast. See the above promotional poster if you feel like hearing about my years as a criminal defence barrister. 

Monday, 29 April 2019

Question your questions

I started this post a couple of years ago and having seen it in my 'draft' folder decided to finish it..........
I felt I ought to update my blog as it has been a while since my last missive - not that there has been a clamour from ardent readers to know what I have been up to. Actually, I would have been gratified to detect even a whimper in that regard, but alas the silence has been deafening. I have decided that this must be due to my insensitivity to the cares of my readers rather than to consider that they have none. Or indeed that I have none - readers that is - because I have chosen to think of all those 'hits' I see in the stats analysis of my blog as countless happy perusers of my musings. In doing so I have cast from my mind the comment by an anonymous chap who informed me that although he hated to 'burst my bubble' the majority of my hits were likely to be automated crawlers - bots - rather than real, honest to goodness, flesh and blood followers.

The comfort this 'willing suspension of disbelief' gives me reminds me of something I encounter frequently in witnesses I cross examine in defending my lay clients at trial. It seems an essential facet of the human condition is the predilection to believe what is more palatable to us, to construct as recall what gives us comfort or makes sense of our interaction with the world. More than this, it is startling how difficult it is to deconstruct these constructs in a witness even when in possession of material that should rationally cause any person to consider the possibility (let alone certainty) that he is simply wrong. Some witnesses are offended, even angered at the suggestion their account is not true, even if it was an account honestly given. Other witnesses are left confused when presented with evidence contradicting something they were moments before so certain of. I have found that whatever the reaction from such witnesses, most if not all hold doggedly to the certainty of their memories to the very point when logic forces them to the concession that it is fruitless to do so. Some never let go of the creations of their minds preferring those to whatever reality is presented to them.

The most obvious example of this phenomena are witnesses who give evidence in identification cases. I cannot remember how many witnesses I have cross examined about what it is that they 'think' they saw. I do recall practically all were certain about what it was they were to tell the court before I stood up to commence cross examination. And in all cases, the witnesses were 'invested' in what they had to say; it was important to them that their accounts were as true to the world as they were to themselves. The comfort and security in things being as they chose to see them was something reluctantly relinquished if at all. And often not without a fight.

But such a fight does not necessarily mean bludgeoning a witness which is often counter productive.  Someone who feels bitten sometimes bites back.  Cross examination is not always akin to going ten rounds with Tyson.  Teasing out of a witness a concession as to the truth, although a fight, can be one the witness does not even know he is engaged in.  A moth cannot resist a light and a fly does not realise his fate until the spark of an electric wire heralds an end to its flight.  Cross examination is an art form that is never perfected.  After a quarter century at the Bar I am still learning a skill that can never truly be mastered.  What is the most important tool in a cross examiner's arsenal?  It is not in fact a facility with the English language, although this helps.  It is not an ability to create drama, or conversely to quietly push to your point.  It is not forensic and acute planning as cross examinations organically move in the direction answers from a witness take you.  It is not quick witted point scoring - as an honesty and integrity must shine through any cross examination if it is to impress itself upon a jury.  In my experience, the single most important quality that an able cross examiner must possess is an understanding of the human condition.  An appreciation of the myriad causes that lead people to behave as they do.  The most exceptional cross examiners are those who themselves have been to dark places, who themselves have experienced the anger, the jealousy, the avarice, the insecurity, the selfishness, the self deceptions and all the motivations that drive people to do and say as they do.  One. of the most famous cross examiners of our time, sadly passed, was George Carman QC.  As an individual he was deeply insecure.  He was flawed and damaged but it was an understanding of his faults that made him so brilliant in revealing those of whom he questioned.  I remember seeing Mr Carman wandering round Bethnal Green at 4am one morning.  I stopped to ask him what he was doing and if he was alright.  'Just thinking' he said to me.  'About where I can get another drink'.  I gave him a lift to Wimbledon as he was due to be in court later that morning.  On the journey he explained that he had spent the whole night in the company of some East End blaggers as there was something important in his current case that he felt he was missing.  And as I understand it that was time well spent because he won his case days later upon the cross examination he was able to conduct from what he learned that night.  Anyone who witnessed Carman's cross examination of the actress Gillian Taylforth will have seen one of the most mesmerising destructions of a witness conducted in our courts.  And that whole cross examination came from within; from a profound understanding of the human condition.

I like to think I am well regarded by my instructing solicitors not only for my closing speeches but for my ability in cross examination.  Students who truly aspire to practice as advocates have to live and breathe advocacy.  When I was a student I spent every spare moment I had watching trials in various Crown Courts I managed to get to.  Indeed when I was a pupil, doing my own cases in the Magistrates Court or short hearings in a Crown Court I spent the rest of my day watching the barristers I admired doing their thing.  In doing so I learned very early on what I thought was good and what I thought was bad.  What I thought effective and what I realised were errors of judgement.  A wise man may learn from his own mistakes, but an even wiser chap will learn from the mistakes of others.  And I soaked up what it was to be a barrister before I ever set foot in court.  I believe it may be that head start I had 25 years ago that has culminated in my being the barrister I am today.  And I am still learning.  I still pop into another court if I find myself done with my own case for the day.

Trials are not in pure terms about the truth.  It would be naive to believe as much.  But trials are indeed about a search for the truth, or an attack upon what is asserted to be the immutability of the truth.  In seeking to establish the case for your client there is nothing more important in the trial process than the art of cross examination.  And as I have said above, you would be surprised how difficult it is sometimes to prise what is a self evident fact from a witness whose brain cannot accept it.  Many years ago I prided myself on my ability to destroy a witness, to humiliate the subject of my questioning to the point he accepted defeat.  Those days are gone and we now know how wrong that type of advocacy was.  Modern legislation is designed to protect witnesses from such attacks where the playing field is anything but level.  These changes are developments that I welcome.  Rape victims for example will doubtless still be traumatised at having to relive their ordeal or be accused of lying in cross examination, but believe me, the experience is a world away from the psychological damage a cross examination could do to a person years ago.  Children too are protected by sensible safeguards as are those who are mentally vulnerable.  These legislative changes do not in fact prejudice defendants or make convictions more likely.  What they do is seek to achieve the best evidence a witness can give, be that against an accused or in concessions for him.  That is not to say that, as a defence barrister, I do not have concerns about the current restrictions imposed upon some cross examinations.  The system is far from perfect, and I believe there are miscarriages of justice that sometimes result from the restrictive parameters sometimes imposed upon questioning.  However, the state of learning in relation to the trial of our citizens is a constantly developing process and in taking steps forward sometimes steps are taken backward.  Regardless, I am confident that the way in which our trial process evolves vitiates to its continued improvement even if such improvements come at the cost to those wrongly convicted or tried in circumstances that hindsight would never have countenanced.

For us, for barristers who have spent their lives defending the innocent or prosecuting the guilty, all we can do is be as able as we possibly can within the constantly changing environment of the trial process.  We have to believe in our system or alternatively in our ability to change it for the greater good.  Those barristers who selflessly pursue appeals for years if not decades until eventually securing the quashing of convictions once a body of opinion finally acknowledges what has been the barrister's conviction all along; those barristers represent the very best of our Bar.  Some of those who follow my media postings will know I have recently agreed to act pro bono for Omar Benguit, convicted almost 20 years ago of two murders.  I took this case on having been inspired by the unfailing belief of a BBC journalist, Bronagh Munro, who has made several documentaries about the case.  For those with an interest in what it is to pursue historic miscarriages of justice cases the documentaries make for very interesting watching.  And for a barrister, if many years lead eventually to a positive outcome, I wonder what could be a more profoundly important devotion of part of your life for the life of another?  The course of history, the history of that individual, and generations thereafter to the end of time are affected by what we do as barristers.  By every question we ask and every answer we get.  It is to me the ultimate privilege and the gravest responsibility.  Such is the nature of a vocational calling.

And so it comes to this....don't come to the Bar unless you can shoulder the responsibility and fearlessly stand up for what you know to be right.  Don't come to the Bar if you plan on breezing by in half measures as this vocation demands your all.  Be the very best you can be.  How else could you sleep at night knowing you could have done better for someone who could not do anything for themselves?  The Bar is a demanding mistress.  It always must come first.  And it takes a huge toll on those of us in practice.  But its rewards are such that I cannot even express them in words.  The Bar has given me some of the defining joys of my life as well as my darkest miseries.  I guess its a tempestuous relationship.  But you don't need to cross examine to know that those are sometimes the most enduring.