Michael Stradling – Barrister – About Michael

‘An intelligent, skilful and effective advocate’

Called to Bar 1998
BVC, CPE
MA, Pembroke College, University of Cambridge

Profile

Advises and represents on POCA and the implications of confiscation on third party interests. Recently succeeded in negotiating a potential £1 million benefit down to just under £42,000.

Michael accepts instructions in quasi-criminal, civil fraud and some other civil matters.

One of the few barristers to have defended in cases of election fraud involving postal and proxy voting. He has been instructed in two such cases, both involving extensive police investigation, and both attracting significant publicity.

  • Courts Martial work
  • Regulatory work
  • Road Traffic Law
  • Prison Law
  • Extradition
  • Serious Crime
  • General Crime
  • Business Crime
  • Fraud
  • Election fraud
  • Proceeds of Crime- Confiscation and forfeiture

Michael has represented four separate clients who have run the defence of duress successfully. He has defended in a child-on-child rape case where his cross-examination led to the complainant agreeing that the defendant was not responsible for the rape. He has conducted serious money laundering trials both on his own and with a leader. He has appeared several times in the Court of Appeal, including a successful (and reported) appeal against conviction.

Michael has conducted many fitness to plead / fitness to stand trial hearings, including cases of the utmost gravity (rape) where the jury has found the defendant did not commit the act alleged.

Michael acted for the sixth defendant in a 6-handed gang related murder which lasted for 8 weeks in the Central Criminal Court. He was led by Bob Marshall-Andrews QC.

CASES OF NOTE

Operation Staten- multi-handed commercial robbery of a number of mobile telephone retail outlets. Instructed for the first defendant in a 5 week trial at Kingston Crown Court.

Operation Dosterville- 6 handed Vietnamese murder lasting 8 weeks in the Old Bailey (led junior)

Operation Boyne- £3.5 million bureau de change money laundering conspiracy

Operation Tilgate- importation of cocaine

Operation Bluejay- £30 million pound bureau de change money laundering conspiracy

Operation Birkaheim- largest ever fraud on a single NHS trust (ghost employees)

Operation Tarvin- regional drug supply in Middlesbrough

R v Ennis and others- election fraud

R v Astley- election fraud and possession of indecent images by a Bristol City Councillor

R v Redhead- child cruelty / abandonment

R v Hussain- successful defence of duress in a firearms case

R v Rafiq- successful defence of duress of circumstances / necessity

R v Kazi- successful defence of duress in context of £200,000 banking fraud and money laundering. Case attracted international publicity.

R v Albertelli- successful defence in the Old Bailey of a London Bus driver accused of causing death by careless driving

R v Ashbacher- successful defence of duress in context of £250,000 cocaine importation from Jamaica. Case involved evidence via international videolink.

R v Motaghi- fitness to plead procedure for rape allegation resulted in the jury finding that the actus reus was not established and therefore the unfit defendant was acquitted.

R v W- successful defence of a 12 year old boy accused of anally raping a 6 year old boy

R v Sanchez- £850,000 life insurance fraud (fake death). Case attracted international publicity.

Appeal cases

R v Kapitene [2010] EWCA Crim 2061
Successful appeal against sentence for defendant who used false passport to obtain work

R v W [2010] EWCA Crim 1586
Successful appeal against the imposition of imprisonment for public protection for a 15 year old convicted of rape. Sentence reduced to an extended sentence.

R v Degg [2008] EWCA Crim 669
Successful appeal against sentence in a £1/4 million conspiracy to steal

R v Russell [2008] EWCA Crim 284
Successful appeal against sentence in a section 18 case. Sentenced reduced from 6 years to 5 years.

R v Payton [2006] EWCA Crim 1226; [2006] Crim LR 997; (2006) 150 S.J. 741, CA
Important case on good character direction, and also on concurrent criminal and civil proceedings. This was a successful appeal against conviction resulting in the conviction being overturned.

R v Forrester [2006] EWCA Crim 2136
Relationship between imprisonment for public protection and recommendations for deportation

R v Ahmati [2006] EWCA Crim 818
Successful appeal against recommendation for deportation which also led to the Court of Appeal ordering wasted costs against the Home Office

Before specialising in criminal defence work, Michael was instructed in construction disputes, professional negligence (accountant), employment work, some property litigation, housing, landlord and tenant, personal injury, general contract and tort.

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