Chaynee Hodgetts FRSA

Fraud, drugs, conspiracy, organised crime and POCA:

R v AA (2021) – Case discontinued in full, in all courts, on PWITS (cannabis), after the Client was detained and produced in the Magistrates’ Court in error on matters for which he was already due to be tried in the Crown Court. All matters discontinued.

R v JM & LM (2023) – Sentence: Represented two Defendants on charges of being concerned in the supply of Class B: cannabis (D1) and permitting the use of premises for the supply of a controlled drug of Class B: cannabis (D2).

Sentence for D1: SSO: 18 weeks suspended for 12 months (150h UPW and 15 x RAR).

Sentence for D2: Community Order: 12 months (EM curfew for 8 weeks and 15 x RAR).

R v AE (2023) – Sentence: Concerned in the supply of drugs (cannabis), possession (cannabis), and acquisition/use/possession of criminal property: HHJ stepped outside of the Sentencing Guidelines (custody or SSO indicated) to instead sentence: 12 month Community Order (150h UPW & 35 x RAR days).

R v HO (2022/23) – Case involving a Newton hearing and subsequent extensive jurisdictional challenge to POCA on the statutory time limit in s.14 POCA 2002.

R v DD & Others (2022) – Defence Junior to Mr Matt Lawson (Libertas Chambers), on this case of multi-handed acquisition/use/possession of criminal property charges. The case against our Client cracked when, at trial, the Prosecution offered no evidence and discontinued, before proceeding with the rest of the trial against others:

• https://www.sfo.gov.uk/cases/r-v-bluu-solutions-limited-and-tetris-projects-limited/
• https://www.linklaters.com/en/insights/blogs/businesscrimelinks/2023/april/sfo-faces-yet-another-defeat-after-small-victory-in-dpa-related-conviction

R v SA & Others (2022-24) – Operation Soros & Operation Venetic: Defence Junior to Mr Matt Lawson (Libertas Chambers), on this case of multi-handed conspiracy charges. No further details can be provided at this time as it is ongoing.

R v PS & Others (2022-24) – Operation Destin: Defence Junior to Mr Gerard Hillman (Libertas Chambers), on this case of multi-handed charges. No further details can be provided at this time as it is ongoing.

R v IA & Others (2023/24) – Operation Vansfare: Defence Junior to Mr Kieran Maidment (Doughty Street Chambers), on this case of multi-handed conspiracy charges. No further details can be provided at this time as it is ongoing.

Misconduct in public office:

R v LY (2022) – Misconduct in public office (Prison Officer in relationship with a prisoner: Sentence: SSO: 12 months suspended for 18 months.

 

Malicious communications:

R v PS (2022) – Malicious communications (2 x angry calls to staff at an MP’s office): Sentence: SSO: 8 weeks suspended for 12 months (120h UPW and 30 x RAR days, and £100 compensation to each of the two calls’ recipients).

R v ABN (2022) – Malicious communications (3 x angry calls to ex-partner) and drunk & disorderly (in an airport): Sentence: For malicious communications: 12 month Community Order (200h UPW and 20 x RAR). For drunk & disorderly in the airport: Fine: £833.

 

Assaults and offences against the person:

R v FA (2021) – Not Guilty verdict at trial for alleged assault of an emergency worker: Offence not made out. Police actions were also found to be potentially unlawful.

R v PP (2021) – Assault(s) of SIA security guards and criminal damage: Acquittal.

R v NC (2021) – Assault on emergency worker and drunk and disorderly: Case discontinued at court by the Prosecution, part way through trial. Prosecution offered no evidence after Defence cross-examination of Police Officer showed the account was inconsistent with CCTV (which had been played to him in court).

R v CC (2021) – ABH reduced to common assault at court by the Prosecution on day of trial, then Client acquitted of two such charges. Restraining Order successfully opposed.

R CWC (2022) – Assault by beating (x 2): Acquittal. Restraining Order on acquittal successfully opposed.

R v TZ (2022) – Assault by beating (in a complex set of circumstances): Acquittal.

R v A Youth (2022) – Assault with intent to rob: Case discontinued at court by the Prosecution by lunchtime on Day 1 of a 2-day trial.

R v SR (2022) – Use of threatening / abusive / insulting words / behaviour with intent to cause fear of / provoke unlawful violence (s.4(1) & (4) Public Order Act 1986) – against a Police Officer: Case discontinued at court after the Prosecution offered no evidence, following the service of an abuse of process application.

R v EC (2022/23) – Case of GBH with intent (s.18) and self-defence in the context of an NRM (a complex case, given the s.45 MSA 2015 defence is not available as a stand-alone defence to this offence).

 

Stalking & Harrassment

R v PD (2021) – Harassment: Case discontinued at court by the Prosecution.

R v MR (2021) – Stalking: Case dismissed by the court (No Case to Answer).

R v CGB (2021-22) – Harassment and criminal damage: Long-running case, with much support provided for the Client. The Prosecution eventually offered no evidence on the harassment charge, and it was discontinued. The criminal damage proceeded to trial, during which it cracked, with the Prosecution offering no evidence and discontinuing the case. The defence here was the provision of a blessing of thanks (“puja” or “pooja”) – in this case, the provision of some soup to a vehicle. The court apologised to the Client for the number of times he had to come to court before the case was discontinued.

 

Offensive Weapons

R v TD (2022) – Possession of an offensive weapon in a private place (“Zombie knife”): Case discontinued at court by the Prosecution, on the morning of trial.

R V NN (2022) – Possession of a bladed article in public place: Dismissed as an abuse of process, after D was able to eventually retrieve a long-lost NFA letter.

R v PL (2022) – Possession of a bladed article in a public place (“second strike”): Case dismissed at court (No Case to Answer) after it came to light that the BWV showed a sign saying “private property”. A charge of going equipped was discontinued at court by the Prosecution at a previous hearing (same counsel).

 

Driving Offences

R v KM (2021) – Aiding, abetting, counselling and procuring a person disqualified from holding or obtaining a driving licence to drive a motor vehicle: Case discontinued by the Prosecution after First Appearance.

R v LM (2021) – Driving with BZE (cocaine) over specified limit: Withdrawn at court by the Prosecution, leaving sentence on driving while unfit through Δ-9-THC (delta-9-tetrahydrocannabinol, cannabis), and exceeding temporary speed restriction.

R v KBW (2021) – Driving with drugs in excess of the prescribed limit (Δ-9-THC – (delta-9-tetrahydrocannabinol, cannabis): Case discontinued at court by the Prosecution.

R v HK (2021) – Driving with excess alcohol, TWOC, driving otherwise than in accordance with a licence, driving without insurance: Case discontinued at court by the Prosecution on driving with excess alcohol (no plea entered until the Prosecution were able to produce EBM printout, and MGGD papers), and TDA/TWOC (taking vehicle without consent). Plea on the driving otherwise than in accordance with valid licence and driving with no insurance resulted in a fine and licence endorsement.

R v MB (2022) – Driving with alcohol above legal limit (77μg in 100ml breath): Sentence: Fine of £349. Disqualification: 12 months and 3 weeks (with drink drivers’ course).

R v KY (2022) – Driving with alcohol above legal limit (107μg in 100ml breath): Sentence: 12 month Community Order (120h UPW). Disqualification: 19.5 months (with drink drivers’ course).

R v IL (2023) – Driving without insurance and possession of Class A (Cocaine): Sentence: Fine of £120 for possession of Cocaine. No separate penalty for driving offence. Licence endorsed with 6 points (the minimum), avoided disqualification.

R v HJ (2023) – In charge of a motor vehicle with proportion of specified controlled drug above the specified limit (ketamine, 195 μg: legal limit 20 μg): Sentence: 12 month Community Order (10 x RAR days), and a 6 month disqualification.

 

Protest Law

Protest cases: instructed, primarily by Kellys Solicitors and ITN Solicitors (but accepting instructions from any relevant firms), representing protesters and campaigners, including Extinction Rebellion (XR), MBR Beagles, and Just Stop Oil (JSO).

MBR Acres Limited v Free the MBR Beagles [2021] EWHC 2996 (QB) – High Court injunction challenge, representing protesters (assisting Mr James Nieto and Cohen Cramer Solicitors): https://www.judiciary.uk/wp-content/uploads/2022/07/MBR-Acres-Ltd-v-Free-the-MBR-Beagles-101121.pdf

R v MW (2022) – Assaulting an emergency worker (Police Officer) and s.4A Public Order (in activist context): Case cracked when the Prosecution offered no evidence and discontinued the case on the assaulting an emergency worker, remitted the Public Order offence back to the Magistrates’ Court, and then a few days before that trial, offered no evidence and discontinued the case in full.

R v EK (2022) – Representing a Defendant from the Norwich Livestock Market protests: https://www.eveningnews24.co.uk/news/crime/20664316.women-stand-trial-anti-meat-protest-city-livestock-market/

R v GB & LA (2023) – Representing a Defendant from the M&S milk protests: https://www.edp24.co.uk/news/23272157.m-s-milk-incident-women-face-trial-criminal-damage/

R v AH & AL (2023) – Representing two Defendants from the Extinction Rebellion (XR) Barclays protests: https://www.northantstelegraph.co.uk/news/people/kettering-barclays-bank-graffitied-and-posters-stuck-to-windows-as-men-84-and-59-arrested-on-suspicion-of-criminal-damage-3917955

R v AG (2022) – Aggravated trespass: Representing an Extinction Rebellion (XR) protester charged with aggravated trespass at an Amazon warehouse: Conditional Discharge (12 months).

R v CI (2022) – Assault by beating (in activist context): Representing an activist charged with assaulting an emergency worker (Police Officer): Case cracked when the Prosecution offered no evidence and discontinued the case.

R v BM (2022) – Assault by beating (in activist context): Representing an MBR Beagles activist charged with assaulting an emergency worker (Police Officer): Case cracked when the Prosecution offered no evidence and discontinued the case.

R v TU (2023) – Assault by beating (in protest context): Sentence: Representing a fox hunt protester: Conditional discharge (12 months).

R v SP (2023) – Representing a Defendant from the Extinction Rebellion (XR) Tower Bridge protest: https://www.independent.co.uk/climate-change/extinction-rebellion-london-tower-bridge-b2053766.html

R v NO (2023) – Representing a Defendant from the Just Stop Oil (JSO) M25 protest: https://www.independent.co.uk/climate-change/news/just-stop-oil-metropolitan-police-m25-essex-police-cop27-b2223173.html

 

Abuse of Process & Procedural Challenges To Prosecution

Experienced in drafting and making applications to stay a case as an abuse of process in the Magistrates’ Court. Also experienced in successfully applying to vacate Guilty pleas in the Magistrates’ Court and Crown Court, and withdrawing consent to summary trial in the Magistrates’ Court.

 

Police Pursuits

Experienced in challenging cases of police pursuits and TPAC resulting in charges against pursued parties, including those involving “decamps” and collisions.

 

Fitness To Plead

Experienced in disentangling complex cases of fitness to plead, including retrospective challenges to fitness.

 

Changes To Defence Approach

Experienced in undertaking pre-trial reviews of the Defence case where there has been a change of representation, including drafting and serving updated or amended Defence Statements, refining the defence, seeking additional disclosure, pursuing undisclosed material further through s.8 CPIA 1996 applications, and, if needs be, seeking to “rewind” the case to Stage 2 afresh to provide better defence prospects.

 

Clinical Legal Education

Previous experience of CCRC work as a Director of a University Innocence Casework Unit, reviewing serious crime cases where a miscarriage of justice had been alleged. including murders and attempted murders, including the CCRC application for Jordan Cunliffe (with Mr Simon Natas FRSA of ITN Solicitors).

Bail Breaches

Strong track record of successfully defending bail breach, and/or securing release on bail on the same conditions.

• Book Contributor, Smith, Hogan & Ormerod’s Essentials of Criminal Law (from 2021/22), with Professor David Ormerod CBE KC: https://learninglink.oup.com/access/child-ormerod4e-student-resources#tag_all-chapters
• Gerry KC, R. Pagano, & C. Hodgetts. “Disorganised crime: Legal and evidential challenges of Raising a Modern Slavery Act 2015 defence” [2022] 1 Criminal Law Review 961 (12,000 words).
• Hodgetts, “Hands, face, alcohol trace: hair dye, hand sanitiser and forensic tests” (2022) 166 (1) Solicitors Journal 24:
• https://www.solicitorsjournal.com/sjarticle/hands-face-alcohol-trace-hair-dye-hand-sanitiser-and-forensic-tests/602831
• Hodgetts, “Hot stuff?: Fireworks, forensics, & familiarising lawyers with science” (2021) 164 (10) Solicitors Journal 22.
• Hodgetts, “What is love? Law, love, loss and life” (February 2023) 166 (1) Solicitors Journal 3:
• https://www.solicitorsjournal.com/sjarticle/what-is-love-law-love-loss-and-life/302562
• Hodgetts, “How the light gets in” (November 2022) 165 (11) Solicitors Journal 3: https://www.solicitorsjournal.com/sjarticle/how-the-light-gets-in/707140
• Hodgetts, “Keeping Counsel” (August 2022) 165(8) Solicitors Journal 3: https://www.solicitorsjournal.com/sjarticle/keeping-counsel/461703
• Hodgetts, “Spring forward…” (May 2022) 165 (5) Solicitors Journal 3: https://www.solicitorsjournal.com/sjarticle/spring-forward/407998
• Hodgetts, “Post-pandemic professionalism” (March 2022) 165(3) Solicitors Journal 16: https://www.solicitorsjournal.com/sjarticle/Post-pandemic%20professionalism%20/739579
• Hodgetts, “Reflecting Readers” (February 2022) 165(2) Solicitors Journal 3: https://www.solicitorsjournal.com/sjarticle/Reflecting%20readers/648788
• Hodgetts, “Just a moment…” (September 2021) 164(8) Solicitors Journal 3: https://www.solicitorsjournal.com/sjarticle/Just%20a%20moment…
• Hodgetts and C. MacPartholán, “An Evolution in Devolution?: The Commission on Justice in Wales & Welsh Criminal Justice” [2021] 1(1) Crim LR 34: https://research.bangor.ac.uk/portal/files/35950192/2020_Evolution_in_Devolution.pdf
• Hodgetts, “‘A drop in the ocean’: Problems posed by traditional crime and evidence in the maritime locus” (Forthcoming) Criminal Law Review (Forthcoming)
• Hodgetts, “Riot: The Law of Equals and Opposites?” (2017) 181 JPN 755 (CLJW): https://research.bangor.ac.uk/portal/files/19898835/RIOT.pdf
• Roberts and C. Hodgetts, “Courting contempt?: Untangling the web of jurors’ internet use under Section 8 of the Contempt of Court Act 1981” (2015) 3 Communications Law 86
• W. Griffiths, C. Hodgetts, R. Ni Thuama, “The legal context of residential care and corporate governance” (2015) 168-202. Part of Dr M. Flynn, A Review of the neglect of older people living in care homes investigated as Operation Jasmine (2015, Welsh Government). Discussed in the Senedd by the First Minister. Led to legal change – Regulation and Inspection of Social Care (Wales) Act 2016 (RISCA 2016): https://gov.wales/sites/default/files/publications/2019-06/in-search-of-accountability-a-review-of-the-neglect-of-older-people-living-in-care-homes-operation-jasmine_1.pdf
• Hodgetts, “You Do Not Have To Say Anything?” (2014) 1 Criminal Bar Quarterly 7: https://research.bangor.ac.uk/portal/files/16693053/CBQSpring2014.pdf
• Hodgetts, “Hit and Miss?: An Elementary Analysis of Domestic Criminal Statutes and Involuntary Manslaughter in Fatal Maritime Collisions and Near Miss Incidents” (2014) 78 J Crim Law 27: https://journals.sagepub.com/doi/10.1350/jcla.2014.78.1.890
• Hodgetts, “Silence of the Damned?” (2014) 178 JPN 7 (CLJW)
• Hodgetts, “The devil or the deep blue sea,” (2012) 45 (4) Nautilus International Telegraph 22