Introduction

Kevin Hegarty QC is a criminal law specialist. His practice includes fraud, homicide and regulatory crime. His approach to preparation gives him a near encyclopaedic knowledge to the issues in his cases.

He is a member of the Criminal Bar Association and regularly appears for the defence and the prosecution in murder and manslaughter trials. The cases usually involve contested expert evidence on complex medical issues, on causation of injuries and death. He accepts instructions that are privately and publicly funded. He has expertise in private prosecutions.

In 2013 he was appointed to the Serious Fraud Office Prosecution and Proceeds of Crime Lists. In 2017 he received a Commendation from the Director General of the National Crime Agency for his work on the largest money laundering case ever prosecuted in the United Kingdom.

He is a member of the UK Environmental Lawyers Association and he has a Masters Degree in Health and Safety and Environmental Law. His expertise in environmental law includes pollution, waste, carbon emissions and emissions control. His Masters dissertation examined the effectiveness of emissions trading schemes in the EU and the USA.

The Attorney General has appointed him as Special Counsel and he is security cleared at the highest level.

He is regularly instructed by local authorities to prosecute and advise on many different aspects of health and safety, environmental law and trading standards.

He has also been advising an interested public body in respect of matters connected to the Independent Inquiry into Child Sexual Abuse.

Trading Standards, Consumer Protection & Food Safety

In 2017 he advised and then represented a jeweller who was being prosecuted by trading standards in Hull for offences under the Hallmarking Act 1973 and the Consumer Protection from Unfair Trading Regulations 2008. It was alleged he had applied the word “gold” to jewellery which did not bear a hallmark to support such an assertion. Following legal argument the Hallmarking Act charges were dismissed and the Regulatory offences then dropped.

He is currently advising in high profile Health and Safety and Trading Standards cases involving well-known high-street names.

Environmental

Kevin has appeared in cases involving offences under the Water Resources Act and the Permitting Regulations. He has a particular interest in Waste. He is able to combine his substantial trial expertise with specialist knowledge of this area of law.

The cases usually involve complex expert evidence

His Masters degree in Health and Safety and Environmental Law included his dissertation on the effectiveness of emission trading schemes in the EU and USA.

He is a member of the UKELA West Midlands Committee.

Health & Safety, Corporate & Gross Negligence Manslaughter

His current instructions include the prosecution of employers for injuries to employees at work and of non-employees affected by the defendant’s business and advising on the use and enforcement of statutory powers.

He recently represented a hospital trust which was the subject of an application for a production order in respect of medical records of a deceased person who had died outside of the United Kingdom. The order was being pursued as part of an investigation into an offence of assisting suicide.

He is currently advising in a case where statutory powers under s20 of the Health and Safety at Work Act 1974 are the subject of challenge on the grounds of LPP and LAP.

He recently prosecuted the two partners of a care home business where a resident fell through a faulty banister rail to her death.

In 2019 he prosecuted Home Bargains for Health and Safety Law breaches following the death of an employee during a delivery where he became entangled in a tail-lift that had a safety flaw in its design. The case had extensive expert engineering evidence on the questions of design, mechanics, maintenance and operation.

Homicide (Murder and Manslaughter)

Kevin Hegarty QC is regularly instructed to prosecute and defend in murder and manslaughter cases. His case load includes dealing with expert evidence covering many different medical fields.

His forthcoming cases include:

  • Defending in a gross negligence manslaughter allegation involving a husband and wife
  • Prosecuting a dismemberment murder allegation
  • Prosecuting alleged attempted murders by setting fire to houses including the murder of a child.

In the last two years he has appeared in the following cases:

  • R v Ellie Wain

Prosecuting an 18-year-old for the murder of her 18-year-old boyfriend. The case involved a detailed analysis of their long-running relationship and the ultimately rejected defence of “loss of control”. This was heard in December 2020.

https://www.bbc.co.uk/news/uk-england-coventry-warwickshire-55405428

 

  • R v Abdirazak Abdi

Defending a 19-year-old for the murder of Jayden James as part of ongoing violence between two rival gangs RB7 and C2. The evidence included many hours of CCTV and cell site evidence. This was tried in September to November 2020.

https://www.itv.com/news/central/2019-09-19/teenager-charged-with-the-murder-of-16-year-old-jaydon-james-in-coventry

  • R v John Allison

Prosecuting a multiple stabbing murder where the defendant killed a supposed friend Daniel Pitham for disrespecting him. After the killing the defendant with another wrapped the body in a roll of carpet and concealed it in the understairs cupboard pending its disposal. This case was heard in January and February 2020.

https://www.bbc.co.uk/news/uk-england-coventry-warwickshire-51533866

  • R v Kurrum Guild

Defending in a gang murder in Wolverhampton where the deceased Dwayne Haughton was shot in the face at close range. The case was tried in July to September 2019.

https://www.birminghammail.co.uk/black-country/four-sentenced-94-years-after-17185367

  • R v Milligan

Defending in a gross negligence manslaughter where the defendant had supplied morphine to the deceased. The issues in the case concentrated on whether there was a duty of care and whether the deceased girlfriend had taken over the duty of care from the defendant. This was tried in June 2019.

https://www.coventrytelegraph.net/news/coventry-news/coventry-news-drugs-overdose-court-16423156

  • R v Emma Cole

Defending in a baby murder case where the father and mother were accused of the murder and manslaughter of a very young baby. Ultimately, they were convicted of causing or allowing a death and acquitted of the gravest charges. There were many aspects of expert evidence in this case including whether a fracture was sustained before or after death and the differing academic research as to rib fractures in infants arising from different resuscitation techniques. The case finished in May 2019.

https://www.dailymail.co.uk/news/article-7024199/Burntwood-couple-Luke-Morgan-Emma-Cole-convicted-causing-death-baby-nine-weeks.html

Organised Crime and Terrorism

R v Hartwell. Instructed by the Attorney General to act as Special Counsel in an appeal against conviction and sentence arising from an organised crime gang in the North West.

He is currently instructed in a major guns and drugs conspiracy trial due to start later this year in Birmingham.

Fraud, Business and Financial Crime

Over the course of three years and four trials Kevin led the prosecution of the largest money laundering conspiracy in the United Kingdom. Close to £180 million was laundered through an organisation which used Birmingham as a hub for the collection of cash to be passed into the banking system, converted into US $ and sent to the far and middle east. It led to sentences totalling 140 years.

Kevin later received a commendation from the Director General of the National Crime Agency for “his outstanding role in securing successful convictions in Operation Smarten”.

In 2019 he prosecuted a solicitor David Grant for fraud at Leicester Crown Court.

In 2019 he prosecuted four men for theft and conspiracy to conceal and convert criminal property concerning a Viking Hoard. https://www.newyorker.com/magazine/2020/11/16/the-curse-of-the-buried-treasure  https://www.theguardian.com/uk-news/2019/nov/22/detectorists-jailed-for-stealing-12m-viking-hoard-of-gold-and-silver

 

His current instructions include:

  • Defending in a tax fraud allegation at Sheffield Crown Court in 2021
  • Defending in a care home fees fraud allegation at Leeds Crown Court in 2022
  • Advising in an alleged fraud concerning several well-known charities

Education

LLB (Hons)
MA

Appointments and Memberships

Recorder

Special Counsel

UKELA West Midlands Committee member

Criminal Bar Association

Head of the St Philips Crime Group

Testimonials

"A first-class barrister who expresses himself succinctly and with force." Legal 500 2021
"A very good advocate with sound judgement." Legal 500
"A first-class silk with a wonderful brain; a joy to work with." Legal 500
"An expert in regulatory and financial crime." Legal 500