Member of Chambers Profile
Year of Call: 2010
Duncan is a highly experienced criminal advocate. He was admitted as a solicitor in 1994 and in the ten years before his call to the bar was a partner in a large criminal defence practice. Having practised as a solicitor advocate for seven years Duncan joined the Bar to enable him to concentrate on that aspect of his practice.
Duncan has significant experience in representing those charged with serious crime including murder, attempted murder, rape, kidnapping and s.18 GBH. He has represented clients charged with murder and attempted murder as well as others charged with offences of serious violence, serious sexual offences (including a number of historic rape matters), drug importation, firearms, money laundering, fraud and drug supply. He has also appeared before the court of appeal in proceedings relating to appeals against conviction, sentence and an Attorney-General’s reference.
Since admission to the Bar Duncan has undertaken prosecution work on behalf of the CPS and local authorities. These have included matters of s.18 GBH, sexual assault, child neglect, artifice burglary and fraud
Duncan has substantial experience in ancillary proceedings such as proceeds of crime matters, sexual harm prevention orders and restraining orders. He also has experience in dealing with expert witnesses dealing with such matters as cell-site analysis, DNA evidence, blood distribution, footwear mark interpretation and psychiatric evidence.
Some of the notable cases Duncan has been involved in since 2010 include:
R v B - s.18 GBH involving group attack on defenceless man lying on the ground. Involved two appeals to the court of appeal involving admission of extraneous material into the jury room and an Attorney General’s reference on sentence.
R v I - junior in murder of homeless drug user whose body was left burnt on a golf course. Issues of blood distribution, cell-site analysis and DNA.
R v B - historic rape of a child by his stepfather over a number of years. Issue of consent arising after the boy reached 16 when Crown allege he was so conditioned by his earlier abuse that his capacity to consent had been effectively removed.
R v B - junior on a murder. Group attack upon one man. Issues of blood distribution and footwear analysis underpinned much of the Crown’s case.
R v S - multi-million pound fraud involving currency exchange transactions between UK and Sri Lanka.
R v B - death by careless driving by a bus driver. Issues involved crash accident investigator evidence and cross examination of same.
R v V - representing the CPS in numerous trials arising out of the 2011 London riots.
R v D - representing a man charged with rape offences against own children and step-children. The witnesses were still children at the time they gave evidence.
R v K - historic rape matter dating back to the 1970’s. Issues arising out of loss of records from social services and from previous police investigations.
R v R - attempted murder and rape of a 79 year old woman in her own home by her neighbour.
R v P - multi-million pound fraud arising out of the sale of counterfeit prescription medicines.
R v M - multi-million pound fraud arising out of a betting scam leading to a 3 week POCA hearing.
R v A - s.18 stabbing of a prisoner by another. Issues of foreseeability of a secondary party to a crime of specific intent.
R v B - representing a man charged with arranging for his 7 month old baby to be raped in return for being allowed to rape 9 and 11 year old girls. Significant PII and entrapment issues, as well as the use of covert human intelligence sources by the police to secure evidence.
R v O - representing man charged with rape where he had admitted the offence on 3 previous occasions before trial. Issues of confessions in civil proceedings, and to social workers, being admitted in a criminal trial.
R v M - historic rape of own sons from 1970s where partially admitted some of the offences but not others.
R v F - indecent assaults from 1960s of girls by a Catholic priest. Issues of whether what occurred was in fact indecent by the standards of the time.
R v E - stranger rape of adult female. Issues of credibility and admission of evidence of previous sexual history (section 41 YJCEA 1999).
R v H - First defendant in a 6 week multi handed NHS commissioning fraud trial.
R v S - Representing a defendant charged with sexual assault committed on a 6 year old girl. The most challenging aspect of the proceedings was the cross-examination of a girl of 6.
R v H - Allegations of sexual assaults by an 86 year old man involving 4 girls. Some allegations from the late 1960’s and others more recently. Indictment severed to allow for two trials
R v P - Attorney-General’s Reference in relation to unduly lenient sentence for offence of rape.
R v B - Retrial for allegation of rape of a child, including s.41 application to adduce previous sexual experience of an 11 year old girl