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Joey Kwong

Joey Kwong

Year of Call 2005

Practice Areas

Joey was called to the Bar in 2005 and is a Jules Worth and Benefactors Scholar and a Harmsworth Scholar of the Middle Temple. Originally from Hong Kong, he studied Law at the University of Cambridge and completed the Bar Vocational Course at Nottingham Law School, with specialisms in Crime and Immigration. Joey is on the CPS Advocate Panel for General Crime at Level 3, and on the CPS Specialist Panel for Fraud and Proceeds of Crime at Level 2.

Joey has a busy criminal practice for both Prosecution and Defence. Instructed on Crown Court trials across the East Midlands and West Midlands, his work covers a broad spectrum of crime. He has successfully prosecuted and defended jury trials for offences of Section 18, Robbery, Tax Fraud, Possession of class A drugs with intent to supply, Possession of a firearm with intent to cause fear of violence, Dangerous driving and Burglary.

Joey is also fluent in Cantonese Chinese.

Notable cases he has dealt with since joining Chambers include:

» R v Nicolson.  Joey successfully prosecuted Mr Nicolson for commercial fraud of nearly half a million pounds. Joey provided early advice at two conferences where he identified two additional counts of fraud from bank statements and advised on key additional evidence. The additional materials resulted in Mr Nicolson pleading guilty. Mr Nicolson was convicted and sentenced to 3 years 7 months’ imprisonment in spite of his good character. This case was reported by the national press. This case was reported by the national press and the articles is available here.

» HMRC v Atkins. Joey successfully defended Mr Atkins from a civil cash forfeiture under section 298 POCA 2002. Mr Atkins kept £150,000 cash in various denominations in a suitcase in a secured storage unit. HMRC applied to seize this cash, alleging the money was intended for money laundering. Joey cross-examined the HMRC officer and accountant and succeeded in his half time submission of no case to answer. The cash was returned to Mr Atkins without the need for him to give evidence.

» R v Asan. Joey prosecuted Mr Asan for harassment (putting people in fear of violence) and perverting the course of justice. Mr Asan was a PCSO who harassed an ex-partner for two years. When caught, he attempted to manipulate cell site evidence to vindicate himself. He was convicted after trial and given a suspended sentence. I drafted an advice on an unduly lenient sentence. The Court of Appeal increased the sentence to 4 years 9 months imprisonment. This case was reported by the national press and the articles is available here.

» R v Bradley. Joey prosecuted Mr Bradley for fraud and transferring criminal property. Mr Bradley defrauded multiple victims by setting up an online gambling business purporting to be licensed by the Gambling Commission. I submitted three written advices on strategy and evidence, resulting in Mr Bradley pleading guilty on the day of trial. Before sentence, Mr Bradley was charged with theft from employer. Joey provided further early advice and Mr Bradley entered acceptable pleas. Mr Bradley received 35 months’ imprisonment.

» Fatheta Abedin.  Joey successfully prosecuted Ms Abedin for causing serious injury by dangerous driving and perverting the course of justice. Ms Abedin was using her mobile phone when she hit her father-in-law who was crossing a zebra crossing, fracturing his hip and lower vertebrae. She drove away and told varying lies to cover up her offending, as well as deleting 32 incriminating text messages. The Crown was concerned about realistic prospect of conviction. Joey provided multiple advices on evidence on multiple CCTV footages, phone expert evidence and medical expert evidence to rebut Ms Abedin’s lies. This led to Ms Abedin being convicted. At sentence, Joey carefully set out the facts of the case. Ms Abedin was sentenced to 18 months immediate custody in spite of her good character. This case was reported by the national press and articles are available here and here.

»R v Crumpler.  Joey successfully defended Ms Crumpler, who chased the complainant down the street with two kitchen knives and a bottle which she then threw at the complainant, wounding him in several places in front children attending the nearby primary school.  Joey provided early advice and obtained a psychiatric report for Ms Crumpler, leading to the Crown to accept a reduced plea to a section 20.  At sentencing, Joey carefully outlined her tragic history, including how she was repeatedly let down when she sought help from her GP and social services.  As a result, the judge took an exceptional course and suspended Ms Crumpler’s sentence of imprisonment.

» R v Overton.  Joey successfully prosecuted Mr. Overton at Derby Crown Court for Fraudulent Evasion of £74,386.36 of VAT and Income Tax.   Joey early advice tactically boxed Mr. Overton’s varying account one by one until they were all exposed to be lies.  Mr. Overton was convicted.

» R v Stepien.  Joey successfully defended Mr Stepien from an offence of Owner Of A Dog Dangerously Out Of Control, where his dog allegedly broke the complainant’s arm.  Joey advised early on disclosure, resulting in material which he used to cross-examine the two Crown witnesses before the jury.  After Joey’s cross-examination, the Prosecution decided to offer no evidence and Mr. Stepien was acquitted.

» R v Swift.  Joey successfully prosecuted Mr. Swift for VAT Fraud.  Mr. Swift fraudulently claimed £184,000 worth of expenses.  Joey cross-examined Mr. Swift on his expenses, his 9 different bank accounts and caught him out in various lies.  Mr. Swift was convicted and a confiscation order was made.

» R v Joyce.  Joey successfully defended Mr Joyce for an offence of Having An Offensive Weapon.  Joey drafted a detailed defence statement seeking crucial telephone evidence.  On the day of trial, Joey insisted on viewing the raw telephone data, upon which he pointed out how the Police had misinterpreted their own telephone evidence.  As a result, the Prosecution offered no evidence against Mr. Joyce.

» R v Hill. Joey successfully prosecuted Mr. Hill for a section 18 Grievous bodily harm with intent. At trial, Joey carefully navigated through the Crown witnesses’ contradictory accounts of how Mr. Hill hit the victim on the head with a bottle, as well as cross examining three Defence witnesses’ accounts that Mr. Hill was acting in self-defence. The jury convicted Mr. Hill.

» R v Damiani. Joey successfully defended Mr. Damiani in the Court of Appeal. Mr. Damiani had pleaded guilty to Causing serious injury by dangerous driving and was sentenced to 2 years imprisonment. Joey persuaded the Court of Appeal to reduce Mr. Damiani’s imprisonment to 4 months, resulting in Mr. Damiani’s immediate release.

» R v Swift. Joey successfully prosecuted Mr. Swift for Tax fraud. Mr. Swift falsely claimed over £180,000 of business expenses. Joey was able to explain the complex bank transactions of Mr. Swift’s 9 bank accounts to the jury, and persuaded them to find Mr. Swift guilty. After advising on proceeds of crime confiscation, Joey obtained the entire amount of tax owed back to the HMRC.

» R v Lamb and Lamb. Joey successfully defended Mr. Lamb for Possession of a firearm with intent to cause fear of violence. Three Crown witnesses saw Mr. Lamb with a shotgun in a public house car park. The police found a matching shotgun when they searched Mr. Lamb’s house. At the trial, Joey cross-examined the three Crown witnesses thoroughly and persuaded the jury to find him not guilty.

» R v Smith. Joey successfully prosecuted this contested sentencing hearing. Mr. Smith’s mental health led him to using samurai swords in a park. The Defence sought to persuade the judge to allow Mr. Smith to be treated in the community. Joey carefully examined the defendant’s two psychiatrists and successfully persuaded the judge to make a Hospital Order with a section 41 Restriction instead.

» R v Fynes. Joey defended Mr. Fynes for Possession of class B drugs with intent to supply and Failing to surrender to custody. In 1999, the Police caught Mr. Fynes with 52 kg of Cannabis and £8000 cash. Mr. Fynes then fled the country for 15 years until he finally arrested under a European Arrest Warrant. Mr. Fynes pleaded guilty and the Prosecution applied for a Proceeds of Crime Confiscation Order. Joey mitigated Mr. Fyne’s sentence of imprisonment to three and a half years, and successfully persuaded the judge not to grant a Confiscation Order.

» R v Hall. Joey successfully prosecuted Mr. Hall for Threatening with an offensive weapon with immediate risk of serious physical harm. The defendant tried to stab a man with a butterfly knife in a nightclub. Only one Crown witness saw the knife. The Defence called three witnesses to say there was no knife. Joey vigorously cross-examined all three Defence witnesses, resulting in the jury rejecting their account and convicting the defendant.

» R v Hames. Joey successfully defended Miss Hames for Being in charge of a dangerous dog (causing injury to a person). Miss Hames was going to plead guilty. Joey conducted legal research and found a defence for Miss Hames. Joey’s defence was successful, resulting in Miss Hames being found Not Guilty after trial.

» R v Wayne Rear.  Joey successfully defended Mr. Rear for Assault occasioning Actual Bodily Harm and Breach of Non-molestation Order.  Mr. Rear was picked out by his ex-parter and a friend as the person who broke into her home to assault her.  Mr. Rear was arrested the next day wearing the same clothing he allegedly committed the offence in.  Mr. Rear denied he was present.  Joey cross-examined the witnesses on their identification and their credibility, and the officer in the case on the multiple mistakes made by the police during the investigation.  The jury returned a verdict of not guilty.

» R v Matthew Joyce.  Joey successfully defended Mr Joyce for Having An Offensive Weapon.  The complainant and Mr. Joyce both accused each other of setting up this confrontation.  The issue was who telephoned who first.   Joey drafted a detailed defence statement with disclosure requests, including caselaw.  Joey was informed  the telephone traffic data supported the Crown case.  Joey insisted on disclosure of the raw material, which upon review in fact showed the police only requesting incoming call data for the complainant and outgoing call data for Mr. Joyce.  This was missed by all other parties.  As a result, the Crown offered no evidence against Mr. Joyce.

Joey has successfully represented HMRC and the Police Constabulary in regulatory offences, and is developing his civil practice. Most notably, in the case of R v Caldwell, he successfully responded on behalf of the Leicestershire Constabulary to an appeal against the making of a Sexual Offences Prevention Order. At the time, Mr. Caldwell was one of three people on Leicestershire Police’s most at risk list.

Prior to joining Chambers, Joey worked as a barrister for the Crown Prosecution Service. As well as advocacy experience, Joey gained much litigation experience in the CPS. His most notable cases include:

» R v Tarsoly. Joey secured a Murder conviction, where he was commended for his early identification of the issues and his handling of disclosure.

» R v Johnson, Morley and Shaw. Joey secured convictions for a multi-handed Conspiracy to Burgle, where three defendants burgled 54 different hmes across Nottinghamshire, Derbyshire and South Yorkshire. The Prosecution team was commended on the preparation and presentation of this complex case involving a telephone cell siting.

» R v Hall. Joey securing a section 18 Grievous bodily harm with intent conviction, where the defendant stabbed the complainant with a machete. Joey carried out an extensive disclosure exercise and drafted a successful Public Interest Immunity application.