Brent Martin

 

BRENT MARTIN

 

Call:  2003 - Barrister, Australia
2012 - Solicitor Advocate, UK
2015 - Barrister, Inner Temple

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Brent draws on a diverse professional background prior to his practice at the Bar in England and Wales, which gives him an insight into cases and trial strategies that are borne of that varied experience.

Prior to studying law, and during his legal studies, Brent was employed in an accountancy firm and then in industry as a management accountant. He therefore has a particular interest and ability in complex frauds that require detailed analysis of financial transactions and accounts, but he is equally at home with all types of crime and has had a varied practice across a range of offence types.

In addition, Brent spent several years as an in-house Solicitor-Advocate and Director with a leading criminal firm in the City of London, and practised almost exclusively in the Crown Court in a range serious and complex matters. As a Director, Brent was instrumental in many IT improvements and helped guide the implementation of e-working at that firm including development of mobile e-working apps for fee earners and associated IT training for all staff. He has also sat on user advisory committees to the MOJ  and LAA in relation to the issue of e-working and IT deployment in the UK criminal  justice system.  He therefore has a keen interest in and ready understanding of criminal cases involving IT and data analysis including cell-site, PC & mobile phone/tablet downloads, image extraction and analysis, internet data, IP tracing and related material. In appropriate cases he explores all possible defences based on IT limitations and shortcomings in analysis or data.

Brent was also responsible for conducting litigation on many cases and this gives him a detailed understanding of what solicitor-clients need and expect from Counsel at every stage in a case.

AREAS OF PRACTICE

Brent has an exclusively defence-based practice and has experience in all areas of crime. He has appeared alone defending matters including fraud, sexual assault, extreme pornography, serious assault and wounding, drugs supply and cases involving young and vulnerable complainants and defendants, who have required intermediaries. Brent has also acted for many defendants in confiscation proceedings, and in the Court of Appeal on various matters.

Brent has also appeared as led junior on several notable murder trials and alone in other serious cases at the Central Criminal Court.

NOTABLE CASES

Brent has been instructed in a number of serious and complex cases in recent years but as a guide, the following cases reflect the type of work Brent undertakes:

As led junior – all at the Central Criminal Court:

R v Kimel & Ors - Multi-handed murder and conspiracy to rob and falsely imprison - led junior, 6 week trial. Defence of lack of intent/causation based on issues with the Crown’s pathologist report and indeterminate cause of death. Currently subject to appeal against conviction (2016).

R v Sands – Murder of a paedophile by female defendant- led junior, 6 week trial, defence of loss of control was successful and defendant was acquitted of murder and was instead convicted of manslaughter.

R v Fernandes-Nelson – Multi-handed murder, street stabbing - led junior, 8 week trial, the defendant was a minor at the time of the offence – defence was loss of control on the basis that the deceased had attacked the defendant with acid immediately prior to the offence.

Appearing alone:

R v K – Central Criminal Court – insurance fraud involving £250,000 value.Currently instructed for trial in 2016.

R v C – Woolwich Crown Court – sexual touching of a child under 13 – accused is father of the child. Currently instructed for trial in 2016

R v A – Stratford Magistrates Court – extreme pornography – some extreme images/videos received by the defendant via Whatsapp. Crown’s IT analysis/phone download report was deeply flawed and could not exclude possible defences that were being raised. Case discontinued on first day of trial.

R v O - Blackfriars Crown Court – s18 wounding (stabbing) – complex cross-examination of a vulnerable complainant with drug and mental health issues - Defendant acquitted.

R v D – Central Criminal Court – Wounding by glassing in a club - reduced from s18 wounding to s20 after negotiation on a guilty plea, successful mitigation resulted in a suspended sentence.

R v HH - Basildon Crown Court – possession of a firearm – Defendant accused of possession of a firearm which he claimed was a collector’s item/antique, defence expert evidence adduced. Defendant acquitted.

R v Rochester - Woolwich Crown Court – Possession of an offensive weapon - use of a police asp by defendant in a park after a fight with local youths who threatened him with vicious dogs. Judge of his own volition offered a Goodyear indication at the conclusion of the defendant’s evidence which resulted in a change of plea and a conditional discharge.

R v Hunter - Central Criminal Court – Wounding – case involving a vulnerable victim with learning difficulties, who required an intermediary and a ground-rules hearing, and cross-examination was limited. Defendant acquitted after trial.

R v W – Snaresbrook Crown Court – Fraud - defendant alleged to have committed fraud via eBay sales. Defence had grave concerns over proper disclosure from the Crown, resulting in forced disclosure of material detrimental to the Crown‘s case that had been withheld by the police. Defendant acquitted by the jury in 15 minutes.

 

MEMBERSHIPS:

Criminal Bar Association
Liberty
Amnesty International

OTHER INFORMATION:

Brent speaks Japanese and regularly travels to Japan, having been an exchange student there in his youth. Now eager to keep off the middle-age spread, he regularly attends the gym and is also a keen road cyclist – you can often spot him zipping around London on his bike. He regularly undertakes charity rides including Sport Relief in March and the “London-Surrey 100 mile” in July each year. He is also a keen amateur street photographer and some of his work has been exhibited in galleries and online.