Chris Kessling - Podcast Details

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Defence Barrister PodcastSeries 2 Episode 11 - Appeals from the Magistrates’ Court - Conviction, Sentence, Case Stated and Judicial ReviewIn this episode as we continue with appeals, we hear about how people who have had their case heard in the magistrates’ court can appeal against their conviction and sentence and what actually happens during the process, which you’ll be pleased to hear is far simpler than appealing against a conviction or sentence in the Crown Court. And we also go into the detail about perhaps the most complex type of appeal from the magistrates’ court, which is known as an Appeal by way of Case Stated and how a man who refused to pay a fixed p...2024-11-0640 min

Defence Barrister PodcastSeries 2 Episode 10 - When the Prosecution Appeal - Unduly Lenient Sentences and Points of LawContent warning. This episode contains details (relevant to the legal issues being considered) of a case concerning the murder of a young woman in terrible circumstances which may cause distress to listeners. In the vast majority of cases, once you have been sentenced, the prosecution are not entitled to appeal against that sentence, except where the sentence is within a relatively small category of offences which can be overturned by the Court of Appeal as being ‘unduly lenient’. In this episode we look at how this process really works. And there are also situations where the...2024-10-3039 min

Defence Barrister PodcastSeries 2 Episode 9 - Appeals after Pleading GuiltyWithdrawing a guilty plea and appeals following a plea of guilty. What do you do if you have pleaded guilty to a criminal offence, but now realise you were not in fact guilty? In this episode we find out how the courts deal with applications to withdraw or vacate guilty pleas, and on what grounds you can appeal against your conviction based on your own plea of guilty. I hope you enjoy this episode and thank you for listening. NOTES Throughout this podcast I have referred to legislation, cases and to...2024-10-2336 min

Defence Barrister PodcastSeries 2 Episode 8 - Double Jeopardy and Wrongful AcquittalsIs there such a thing as an appeal against a verdict of Not Guilty? In this episode we look at the law on what is commonly known as double jeopardy, the idea (entrenched in law for many hundreds of years) that once you have been lawfully tried for an offence and a verdict entered, that is the end of it, even if you are acquitted. In this series I have looked at numerous examples of when people are wrongfully convicted of a crime, and the various grounds of appeal that might be available to quash...2024-10-1633 min

Defence Barrister PodcastSeries 2 Episode 7 - The Appeal of Aidan JohnsonIn this episode we go to the Court of Appeal Criminal Division to hear the appeal of Aidan Johnson against his conviction for the murder of Daniel Clarke. Seeking to overturn the conviction on the grounds of fresh evidence and material non-disclosure, Gabriella Hadden - Aidan’s barrister - is confident in her approach, but sometimes hearings in the Court of Appeal can be less straightforward than you anticipated! I hope you enjoy this episode and thank you for listening. NOTES Throughout this podcast I have referred to legislation, cases and to...2024-10-0930 min

Defence Barrister PodcastSeries 2 Episode 6 - How disclosure really worksIn this episode, we take a deep dive into disclosure, that is how disclosure in criminal cases should actually work and why it is of vital importance in every criminal trial. What do the rules actually require of the prosecution? And can the defence ever be satisfied that disclosure has actually been carried out correctly? What can the defence do to ensure (as best they can) that full disclosure is provided? And what happens when things go wrong? I hope you enjoy this episode and thank you for listening. NOTES T...2024-10-0234 min

Defence Barrister PodcastSeries 2 Episode 5 - When trials go wrong Part 2 - Identification, Science and Non-DisclosureIdentification, science and non-disclosure as grounds of appeal in criminal cases Warning: this episode contains a criminal appeal case in which limited reference is made to sexual violence. Listener discretion is advised. In Episode 5 of Series 2 of the Defence Barrister Podcast, we move on to another case which depended considerably on eyewitness evidence, and how the Court of Appeal dealt with it, and that is the case of Andrew Malkinson, a case where advances in scientific evidence came to his aid, albeit many years after his conviction. This was a case in which t...2024-09-2535 min

Defence Barrister PodcastSeries 2 Episode 4 - When trials go wrong Part 1 - Grounds of appeal against convictionToday we turn to grounds of appeal, i.e. the reasons why it is said that the jury's verdict is unsafe. And we look at a number of common grounds of appeal and the cases where they have been considered. We cover judicial bias, lawyers’ incompetence, the admissibility of evidence, the rules on producing fresh evidence in support of your appeal, appeals based on the refusal of a submissions of no case to answer, material irregularities in the course of a trial, appeals based on changes in the law, as well as on errors of law and th...2024-09-1840 min

Defence Barrister PodcastSeries 2 Episode 3 - How to appeal against a Crown Court convictionHow do appeals against conviction from the Crown Court really work? In episode 3 of Series 2 of the Defence Barrister Podcast, we delve into the appeal process and exactly how you can seek to turn around a wrongful Crown Court conviction. As we’ll find out, there is no automatic right to appeal against a Crown Court conviction, so what is the process of getting permission to appeal, and then if successful arguing your case in the Court of Appeal? If you are successful, what powers does the court have and will there always be...2024-09-1135 min

Defence Barrister PodcastSeries 2 Episode 2 - The Sentencing of Aidan JohnsonAidan Johnson is sentenced for the murder of Daniel Clarke. DESCRIPTION In episode 2 of Series 2 of the Defence Barrister Podcast, Aidan Johnson is sentenced for the murder of Daniel Clarke. From discovering the ins and outs of life sentences for murder and other crimes in Episode 1 of this series, we now join the sentencing hearing for the one and only defendant to be convicted of the murder of Daniel Clarke. What exactly is the role of the prosecutor at a sentencing hearing? Is it true, as many people think, that the...2024-09-0437 min

Defence Barrister PodcastSeries 2 Episode 1 - When life means life - life sentences for murder and other offencesWhen do judges impose life sentences, how do they decide on the minimum term, and when does life really mean life? DESCRIPTION Please note: in this episode some of the content contains descriptions of cases of murder and other forms of serious violence, so listener discretion is advised. Today, in the first episode of Series 2 of the Defence Barrister Podcast, Aidan Johnson faces sentencing for the murder of Daniel Clarke. To understand life sentences, we look at when judges can impose life sentences, when does life really mean life, and when...2024-08-2844 min

Defence Barrister PodcastSeries 1 RecapBefore Series 2 commences on Wednesday 28 August 2024, here is a recap of what happened in Series 1, both as a reminder for everyone that has listened to all previous 14 episodes in Series 1 and also as a help to new listeners who may be short on time. What will follow in Series 2? In Series 2, Aidan is sentenced and we will delve into the sentencing process. How does sentencing really work? What approach will be taken by the judge to sentencing Aidan for murder, and what approach will be taken by the judge in sentencing the reluctant witness Ethan...2024-07-3124 min

Defence Barrister PodcastEpisode 14 - VerdictIn the last episode of Series 1 of the Defence Barrister Podcast, the jury delivers its verdicts in the murder trial of R v Aidan Johnson and Conor Williams. A Not Guilty verdict will lead to freedom, a Guilty verdict will lead to a sentence of life imprisonment, the mandatory sentence for murder. Of course, the nature of jury trials in England & Wales is that we never get to hear exactly what happens inside the jury room, except - rarely - when something goes wrong or things get out of hand, and one juror reports another which prompts an investigation, and...2024-05-0144 min

Defence Barrister PodcastEpisode 13 - Judge, Jury, Summing-UpIn Episode 13, we hear the final closing speech from Ivy Jewell on behalf of Conor Williams, and then the judge sums-up the case to the jury. As the judge explains, the judge is ‘the judge of the law’ and the jury are ‘the judges of the facts’, their task being to evaluate the evidence and apply the law as they are directed to do. And as we will find out, even to trained lawyers, directions on law can be complicated, so to ease their task jurors are now given written legal directions and a written ‘route to verdict’, a step-by-step roadmap to f...2024-04-2450 min

Defence Barrister PodcastEpisode 12 - The Final Word - Closing SpeechesThe murder trial of Aidan Johnson & Conor Williams continues. We have now reached the penultimate stage of the trial - closing speeches by the prosecution and the defence - where each advocate will pull together the strands of the evidence and seek to put together a compelling argument with the intention of finally persuading the jury to reach what they say is the correct verdict. As we will discover, at the heart of a closing speech is good advocacy - the power of persuasion, the ability for each side to make a closing argument when each side has precisely the...2024-04-171h 03

Defence Barrister PodcastEpisode 11 - Defence Case Part 2 - Giving Evidence, Silence, Adverse InferencesThe murder trial continues, and we hear the defence cases on behalf of Aidan Johnson and Conor Williams. And now there are just two defendants left in our case, Bianca Jones having been acquitted on the direction of the judge following a successful submission of no case to answer by her barrister Henry Irwin. Having been formally found Not Guilty, it means that Bianca has left the case and moved on to pick up her life, leaving behind Aidan and Conor who are still facing the charge of murdering 23-year-old Daniel Clarke outside Bradley’s nightclub in the early hours on...2024-04-1052 min

Defence Barrister PodcastEpisode 10 - Defence Case Part 1 - Cut-Throat Defences, Contempt of Court, No Case to AnswerIn Episode 10, we move through the remainder of the prosecution case against our three defendants, Aidan Johnson, Bianca Jones & Conor Williams, all of whom are accused of murdering 23 year old Daniel Clarke outside Bradley's Nightclub in the early hours one Saturday morning in late January. The prosecution are still to call the next main prosecution witness, Ethan Green, but - the last we knew - he wasn’t too keen on helping, and the fact that a warrant was issued for his arrest to bring him to court - whether he liked it or not - may not help matters. We...2024-04-031h 02

Defence Barrister PodcastEpisode 9 - Prosecution Case Part 2 - Cross-Examination, The Power and Perils of Re-ExaminationThe murder trial continues, with the prosecution witness Finn Hawkins facing cross-examination by barristers Gabriella Hadden (for Aidan Johnson), Henry Irwin (for Bianca Jones) and Ivy Jewell (for Conor Williams). In Episode 8 we looked in detail at the first stage of questioning a witness - examination-in-chief - which is the process of eliciting from a witness their account of what took place. But as we saw, there can often be a difference between what a witness says in their written witness statement, and what they actually say in court. And Finn Hawkins was no exception. In this episode, we move...2024-03-2743 min

Defence Barrister PodcastEpisode 8 - Prosecution Case Part 1 - Examination-in-Chief, Coming Up to Proof, Ministers of JusticeAs the trial gets underway, the prosecution calls Finn Hawkins to give evidence, the first witness in the case against our three defendants, Aidan Johnson, Bianca Jones & Conor Williams, all of whom are accused of murdering 23 year old Daniel Clarke outside Bradley's Nightclub in the early hours of Saturday morning in late January. In this episode we follow the questioning by the prosecution of Finn Hawkins. And in this episode, we delve into trial advocacy: What exactly is examination-in-chief? What does it really mean not to lead a witness? What does it mean to ‘come up to proof’ and how do y...2024-03-2030 min

Defence Barrister PodcastEpisode 7 - Trial - R v Aidan Johnson, Bianca Jones and Conor WilliamsThe trial begins. Today Aidan, Bianca and Conor face trial in the Crown Court on a single count of murder. After the end of Episode 6, Ethan Green - a vital prosecution witness - is now in a bit of bother himself, which causes more than a few problems for our prosecution barrister - Keith Lowe - in deciding how to proceed. But Ethan Green will soon be facing even greater problems himself. Join our solicitors Georgina Hale (for Aidan), Holly Ibsen (for Bianca) and Ramesh Jayanshankar (for Conor) as they work with our barristers Gabriella, Henry and Ivy to put...2024-03-1359 min

Defence Barrister PodcastEpisode 6 - Witnesses, Evidence, ProofAs Aidan, Bianca and Conor head for trial at the Crown Court on a charge of murder, the prosecution and defence are preparing their cases. In this episode, we focus on evidence, and the potential problems with evidence when putting a case together. How does the prosecution prove a case to the criminal standard of proof, and how do they go about building a case which is strong enough to convince a jury to convict? What exactly does a prosecution case consist of? The next hearing before trial will be the PTPH (or Plea and Trial Preparation Hearing), which is...2024-03-061h 01

Defence Barrister PodcastEpisode 5 - Barristers, Solicitors, BailBarristers and solicitors are the principal criminal lawyers in the criminal justice system. How do they work together and individually, what are the similarities and what sets them apart? As Aidan, Bianca and Conor arrive at the Crown Court, they meet their barristers Gabriella Hadden for Aidan, Henry Irwin for Bianca, and Ivy Jewell for Conor. It’s now time for the bail application in the Crown Court. What is the test for granting bail in standard criminal cases, and is the test any different for murder? Hear the bail application take place and find out whether our three defendants ar...2024-02-2857 min

Defence Barrister PodcastEpisode 4 - The Magistrates’ Court, the Crown Court, the JudgesIn Episode 4 we follow the defendants Aidan, Bianca and Conor - now charged with murder - to the magistrates’ court for their first court appearance. Introducing the magistrates’ court and the Crown Court, what types (or classifications) of offences do they deal with? What is a summary offence, an either-way offence and an indictable-only offence? Who are the judges in the magistrates’ court and Crown Court? Introducing magistrates, District Judges, Recorders, Circuit Judges and High Court Judges. Do all cases start in the magistrates and, if so, why? When can a defendant elect trial by jury, and when can a defend...2024-02-2154 min

Defence Barrister PodcastEpisode 3 - MurderEpisode 3 - Murder In Episode 3 we continue on our journey through the criminal justice system in England & Wales, with our suspects Aidan, Bianca and Conor no longer facing an allegation of Wounding with Intent, but instead facing a charge of murder, which upon conviction carries a mandatory life sentence. The definition of murder is the unlawful killing with malice aforethought by a sane person of another human being. What is ‘unlawful’ killing and can killing another human being ever be lawful? What if there are multiple causes of death? When can a defendant be said to have caused a death and...2024-02-1446 min

Defence Barrister PodcastEpisode 2 - The Offence, the Interview, the ChargeWhat does the offence of wounding with intent really mean in law, and how do lawyers analyse the actus reus (guilty act) and the mens rea (guilty mind) of an offence? How are the prosecution able to rely on a law that came into existence over 150 years ago? You may be surprised! What is meant by Joint Enterprise? How do the prosecution seek to impose blame on suspects who were not those who actually committed the ultimate act of violence, whether it be a shooting, stabbing or an attack with a bottle used as a weapon? Find out the answer...2024-02-0756 min

Defence Barrister PodcastEpisode 1 - The Crime, the Arrest, the Police StationThis episode starts with a crime, or an allegation of a crime, and moves through the process of arrest and detention at the police station. You will discover what the law really says about arrest and what rights are afforded to citizens who are detained and taken into police custody. What rights do they really have? How long can a suspect be kept in custody without charge? What does the right to legal advice really mean and how can it help? How might the police abuse those rights? Why might a suspect stay silent and, if they do, what are...2024-01-311h 01

Defence Barrister PodcastINTRODUCTION: Defence Barrister Podcast coming 31 January 2024!How does the criminal justice system really work? From the police station, to trial, sentence and all the way to appeals, criminal barrister Chris Kessling takes you through the world of the criminal courts in England & Wales. Using real case examples, this podcast will enable you to navigate the criminal courts yourself and fully understand how they operate in practice. If you are accused of a crime, are a victim of crime, or are going to court as a witness - if you want to know the details of what to expect at trial, sentencing or the appeals process...2024-01-0407 min

The Kessling RunEpisode 8 - Chris SchoenthalWelcome to the 8th episode of the Kessling Run where we interview the newest inductee into the Hall of Fame, Chris Schoenthal.2023-02-271h 59