Year of call 2005

Joey Kwong

Practice Areas
Crime

Summary

Joey was called to the Bar in 2005 and has a busy criminal practice for both prosecution and defence across a broad spectrum of crime.  He has successfully prosecuted and defended Crown Court trials for offences of section 18, arson with intent to endanger life, possession of firearms with intent, causing serious injury by dangerous driving, supply of controlled drugs, child cruelty, tax frauds, commercial frauds and money laundering offences, as well as contested confiscation proceedings.

Joey is an appointed member of the CPS Advocate Panel for General Crime at Level 3, and the CPS Specialist Panel for Fraud and Proceeds of Crime at Level 2.

Originally from Hong Kong and fluent in Cantonese Chinese, Joey studied Law at the University of Cambridge and is a Jules Worth and Benefactors Scholar and a Harmsworth Scholar of the Middle Temple.

Joey is passionate about social mobility and access to the independent Bar, and has been an active member of the Midlands Circuit Social Mobility Committee since 2019.

R v G, 2021

Defended client who was charged with multiple incidents of assault by penetration and sexual assault against a child under 13.  After hearing Joey’s mitigation, defendant was found not to be dangerous and sentenced to 7 years and 1 months’ custody with 1 year extended sentence as an offender of particular concern. The sentencing judge thanked both prosecution and defence counsel for their detailed sentencing note, and indicated he had marked the defendant as a dangerous offender until he heard submissions from defence counsel.

R v A, 2021

Defended client in an application for civil cash forfeiture under section 298 POCA 2002.  The client kept £150,000 cash in a suitcase in a secured storage unit. HMRC applied to seize this cash, alleging the money was intended for money laundering. After cross-examination of the HMRC officer and accountant, a successful half time submission was made. The cash was returned to the client without the client giving evidence.

R v D, 2021

Defended client charged with exposure in front of his 14 year old step-daughter. Joey persuaded the Crown to accept a section 4 public order act offence, thus saving the client from being placed on the sex offenders register.

R v F, 2021

Prosecuted an NHS nurse who committed fraud upon her employer. Called 12 out of 14 NHS witnesses via CVP from different Crown Courts.  The defendant was convicted after trial, with the judge commenting that the manner with which the trial was conducted by both the prosecution and the defence was “a model of its time”.

R v N, 2021

Prosecuted defendant for commercial fraud of nearly half a million pounds. Counsel 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 the defendant pleading guilty and he was sentenced to 3 years 7 months’ imprisonment in spite of his good character.

R v A, 2020

Prosecuted defendant charged with causing serious injury by dangerous driving and perverting the course of justice. The defendant hit her father-in-law because she was distracted by her mobile phone. She told a series of lies and deleted 32 incriminating text messages. Counsel provided multiple advices on evidence, which included multiple CCTV footages, phone expert evidence and medical evidence. Once that material was served, the defendant pleaded guilty and was sentenced to 18 months’ custody in spite of her good character.

R v K, 2019

Defended client in confiscation proceedings. The client and her 5 sons were convicted of offences under the Misuse of Drugs Act. The Prosecution sought a confiscation order with a benefit figure of £164,000.  Joey identified a flaw in the Crown argument which led to

the Crown accepting a reduced benefit figure of £55,000 for the client.

R v T, 2019

Prosecuted a contested confiscation hearing where his legal submissions were accepted by the Crown Court judge. Subsequently, the defendant appealed against his confiscation order to the Court of Appeal. Counsel drafted a response to the appeal notice, which resulted in leave to appeal being refused.

R v A, 2019

Prosecuted defendant for harassment (putting people in fear of violence) and perverting the course of justice. He 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. Counsel drafted an advice on unduly lenient sentence. The Court of Appeal increased the sentence to 4 years 9 months’ imprisonment.

R v B, 2019

Prosecuted defendant charged with fraud and transferring criminal property. The defendant defrauded multiple victims by setting up an online gambling business purporting to be licensed by the Gambling Commission. The defendant pleaded guilty on the day of trial and was sentenced to 35 months’ imprisonment.

R v C, 2018

Defended client charged with a section 18 offence.  The client wounded the victim with two kitchen knives and a bottle in the presence of children at a nearby primary school. Joey advised on obtaining a psychiatric report for the client which led to the Crown accepting a reduced plea to a section 20 and the judge suspending her term of imprisonment.

R v D, 2016

Represented appellant in the Court of Criminal Appeal and obtained a reduction in sentence for causing serious injury by dangerous driving from 2 years’ imprisonment to 4 months, resulting in the client’s immediate release.

R v L, 2016

Represented defendant charged with possession of a firearm with intent to cause fear of violence. Three Crown witnesses saw the defendant with a shotgun in a public house car park. The police found a matching shotgun in his house. Cross-examined the three Crown witnesses on their credibility which led to the defendant’s acquittal.

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