Benjamin Aina QC

  • Year of Silk 2009
  • Year of Call 1987

Instruct Benjamin

Benjamin's Insights

Introduction

Introduction

Ben is a highly sought-after, stand-out Silk whose career reflects his strengths as an advocate, his analytical ability and meticulous attention to detail. Ben works with each client to achieve the best result obtainable, however the challenging the circumstances

Ben was appointed Queen's Counsel in March 2009, and to the Serious Fraud Office QC list in 2009 and 2013. Prior to taking Silk,  Ben developed a varied practice initially obtaining an LLM in company law, intellectual property law, company law and administrative law. Ben served as standing counsel to Her Majesty's Revenue and Customs, an area where he continues to accept instructions in suitable cases.   

Ben prosecutes and defends in equal measure and with equal commitment. He is a Grade 4 Prosecutor on the South Eastern and Midland Circuits and a long-standing  advocate on the Specialist Prosecution Rape Panel. 

Ben continues to accept a wide range of work, including murder, commercial fraud, personal injury, actions against the police, contract and commercial disputes and Judicial Review. He is an experienced hand in the Court of Appeal and has assisted in the development in his list of decided cases.  

Ben has served by invitation as special counsel to the Governor of the Cayman Islands to advise on constitutional matters relating to the judiciary and law officers. Ben's broad knowledge of the law and his in-depth experience as an advocate informs each case he undertakes.

Ben is known for his commitment to the criminal justice system. He is a senior advocacy and ethics tutor for Lincoln's Inn. He assesses advocates for the CPS Higher Advocates panel a role that includes assessing Queen's Counsel employed by the CPS. He has been involved in providing training for those who will be involved in the development of the vulnerable witness programme. In January 2018 Ben, together with a colleague, was an invited speaker at an event put on by the Criminal Bar Association at the Old Bailey for young people thought to be at risk of becoming involved in knife and gang crime speaking from the perspective of their personal experience.

Notable Cases

Notable Cases

Ben has assisted in the development of the law in the following reported cases:

R v PW [2016] 2 Cr.App R 27,  Defence Queen's Counsel

The applicable mens rea in indecent images, abuse of process principles; the Tryell principle, preferring indictments on electronic system; jurisdiction of the Court of Appeal in Terminating appeals

R v JM [2015] EWCA Crim 1928 Prosecuting Queen's Counsel   

Issues arising relating to abuse of process; missing documents;  terminating rules in the context of historic allegations of sexual abuse

R v Sliogeris [2015] EWCA Crim 22 Prosecuting Queen's Counsel 

The correct approach to circumstantial evidence in murder cases.

R v. Stanton [2014] EWCA Crim 1695 Prosecuting Queen's Counsel    

The correct approach to bad character hearsay evidence where cut-throat defences are being run in murder cases.

Ulcay [2008] 1CR.App.R.27 

Ambit and scope of cab rank principle in complex fraud cases

Wallace [2007] 2 Cr App R 30  a

Application of bad character provisions in circumstantial evidence cases.

Malcolm v DPP [2007] 2 Cr App R Prosecuting Counsel 

Admissibility of new evidence after justices have retired.

Abiodum [2005] EWCA Crim 09  

Criteria to be applied before lawful intercepts can take place in prison.

De Silva (2003) 2 Cr..App.R. 40 

Ambit of customs co-operation interviews.

Ex parte Salubi (2002) 2 Cr.App.R.40  

Abuse of process in section 51 transfer cases.

Ofori & Tackie (No 2) (1994) 99 Cr.App.R. 223  

Admissibility of foreign evidence in English Courts.

Okafor (1994) 99 Cr.App.R.97 

Applicability of code C.10-12 in customs cases.

Typical Recent Cases:

2017

R v BP  Defence Queen's Counsel

Two-handed murder. Obtaining successful acquittal on charge of murder of a 15-year-old. Manslaughter alternative verdict.

R v Cr   Defence Queen' Counsel

Acquittal of husband and wife (separately represented) on allegation of shooting and using a knife against family members inside and outside their home on Easter Sunday.  Both accused successfully raising pleas of self defence

R v Cu   Defence Queen's Counsel

Defending in four-handed murder. Victim attacked with various weapons and having been killed attempts had been made to dismember his body with an angle grinder.  Accused acquitted of murder convicted of manslaughter but all other defendants convicted of murder.

R v A     Defence Queen's Counsel

Four-handed murder charge in context of drug-related offences. Allegations of torture.  16-year-old vulnerable defendant.

R v N   Defence Queen's Counsel

27 day three-handed murder and attempted murder, defending vulnerable 16-year-old defendant; victims also 16. Case involved the aftermath of an acid attack. Defences considered were diminished responsibility, legal loss of control, lack of intent and Post Traumatic Stress Disorder (PTSD), alternatively an adjustment disorder. 

R v D    Prosecuting Queen's Counsel

Death by careless driving under influence of alcohol/drugs. Obtained successful conviction following 7-day trial of manslaughter.

R v B   Prosecution Queen's Counsel with junior and disclosure counsel

Five-handed murder, attempted murder possession of firearms and section 18 assaults.  All parties both accused and victims were members of gangs in the Birmingham area.

R v F K  Prosecution Queen's Counsel

Five-handed attempted murder/conspiracy to cause grievous bodily harm involving serious allegations that police evidence had been planted and raising issues of when a judge should recuse himself in an ongoing case.

Qualifications

Qualifications

LLB Chelmer Institute of Higher Education

LLM University College London

Memberships

Memberships

Lincoln's Inn

Member Cayman Islands Bar

South Eastern Circuit

Midland's Circuit

Direct Access

Direct Access

Ben is accredited to accept work under Direct access, also known as Public access, in suitable cases. In order to instruct Ben on a Direct access basis, contact the clerks on +44 (0) 20 7242 6476 or at clerks@33bedfordrow.co.uk.