R v Jogee (Appellant) Supreme Court 2016 UKSC 8 - a commentary by 3PB criminal law barrister Berenice Mulvanny following this Supreme Court decision
- Clerk Name: Stuart Pringle
- Clerk Telephone: 01962 868 884
- Clerk Email: [email protected]
Berenice Mulvanny is a specialist criminal barrister dealing with the most serious criminal offences including murder, rape and other serious sexual offences, firearms and explosives, drugs conspiracies, serious violence, arson and offences of dishonesty. She both prosecutes and defends and is a highly sought-after junior, having been led on a number of serious cases including high profile allegations of sexual offending and multi handed murder.
Berenice has been placed on the approved CPS Advocates Counter Terrorism and Serious Crime Group Specialist Panels. She is a level 4 CPS and specialist rape and serious sexual assault prosecutor and is accredited by the Bar Standards Board to act directly on behalf of individuals and organisations under the Public Access Scheme.
Examples of Recent Cases
Violence, Public Order and General Crime
R v P 2023: Winchester Crown Court. Defending in a s18 wounding with intent. Acquitted after trial.
R v M 2023: Winchester Crown Court. Youth charged with attempted murder
R v S and B 2023: Portsmouth Crown Court. Defending a mother charged with causing or allowing serious harm to a baby. Acquitted after trial.
R v G and others 2022/2023: Lewes Crown Court. Murder
R v R 2022: Winchester Crown Court. GBH on a baby
R v C and others 2022: Portsmouth Crown Court. Defending in a multi handed conspiracy to commit GBH with intend and false imprisonment. Acquitted after legal argument.
R v B and others 2021: Winchester Crown Court. Prosecuting a multi handed murder and assisting an offender. Convictions after trial.
R v A 2021: Southampton Crown Court. Defending a serving police officer for assaulting his partner. Acquitted after trial.
R v KG 2020/2021: Southampton Crown Court. Possession of prohibited weapon, manufacturing a firearm and possession of explosives
R v H & another 2020: Bournemouth Crown Court. Kidnap and grievous bodily harm
R v M 2020: Southampton Crown Court. Robbery of a convenience store with a knife
R v L 2020: Bournemouth Crown Court. Defending in an Insolvency Service prosecution for multiple counts of acting as a director whilst disqualified, failing to deliver up books and records to the liquidator and various Companies Act 2006 offences
R v L 2019: Salisbury Crown Court. Death by careless driving
R v A 2019: Southampton Crown Court. Attempted section 18, grievous bodily harm with intent
R v H 2019: Southampton Crown Court. Child abduction
R v G and others 2019: Southampton Crown Court. Group knife point robbery of a convenience store
R v P 2019: Southampton Crown Court. Perverting the course of justice
R v M and another 2018: Southampton Crown Court. Child cruelty.
R v A 2018: Winchester Crown Court. Defending a witness in a murder trial facing contempt of court proceedings
R v W 2018: Southampton Crown Court. Defending an allegation of kidnap and sexual assault. Acquitted after trial
R v J 2017: Bournemouth Crown Court. Multiple counts of robbery and grievous bodily harm with intent
R v N and others 2023: Portsmouth Crown Court. Multi handed conspiracy to supply class A- an EncroChat operation.
R v S 2022: Southampton Crown Court. Multi handed conspiracy to supply class A.
R v M and others 2022: Southampton Crown Court. Defending a youth charged with importation of cannabis along with 22 co-defendants. Acquitted after trial.
R v L 2020: Southampton Crown Court. Possession with intent to supply. Modern Slavery Act defence with a National Referral Mechanism (NRM) referral.
R v T 2018: Winchester Crown Court. Operation Crosslands. Supplying a controlled drug of class A to another
R v B 2017: Southampton Crown Court. Possession of a synthetic cannabinoid spice (legal high) with intent to supply after the new legislation came into force
Operation Pretty 2016 - 2017: Southampton Crown Court. Defending multiple defendants charged with possession with intent to supply class A
R v R 2016: Portsmouth Crown Court. Conspiracy to supply cocaine. The “Sugar network”
R v W and another 2023; Southampton Crown Court. Conspiracy to commit fraud- over £100,000.
R v T and others 2022: Southampton Crown Court. Defending in a multi handed NHS fraud/Bribery. Prosecution offered no evidence at the close of their case after legal argument on disclosure failings.
R v H 2020: Southampton Crown Court. Aggravated burglary with a sword
Operation Flood. R v R and others 2019: Bristol Crown Court. Conspiracy to blackmail, theft and handling stolen goods
R v L 2019: Southampton Crown Court. Blackmail.
R v D 2017: Winchester Crown Court. Aggravated burglary with a pick axe handle
R v S and others 2016 - Southampton Crown Court. Conspiracy to steal and conspiracy to handle stolen goods
R v P 2016: Winchester Crown Court. Dwelling burglary
R v J and others 2016: Portsmouth Crown Court. Conspiracy to steal over £100,000
R v P 2014 - Court of Appeal Criminal Division. Leave to appeal sentence granted and appeal allowed with the sentence being reduced by nearly half. Defendant had been convicted of multiple breaches of a restraining order over a long-standing neighbour dispute.  EWCA Crim 1280.
Berenice Mulvanny has extensive expertise in sexual offences including rape, including historic allegations, voyeurism, buggery, inciting underage sex and other serious sexual offences. She has experience of ancillary orders such as Sexual Harm Prevention Orders and Criminal Behaviour Orders and is a level 4 CPS and specialist rape and serious sexual assault prosecutor.
Berenice is an exceptional and persuasive advocate. Her strength is her ability to deal with sensitive and difficult allegations with tact and confidence, especially with cases involving young and vulnerable witnesses. she often acts for defendants who have no experience of the court process, who hold positions of responsibility and find themselves charged with serious and (if proven) potentially career ending sexual offences. She has successfully defended police officers, teachers, care workers and military personnel. She also acts for vulnerable, elderly and young defendants.
Examples of recent cases
R v H 2022: Guildford Crown Court. Defending allegations of rape, controlling and coercive behaviour and false imprisonment. Prosecution offered no evidence after extensive legal argument at trial.
R v Y 2022/2023: Winchester Crown Court. Prosecuting kidnap at knife point and rape. Life sentence imposed and upheld in the Court of Appeal.
R v M 2022: Bulford Court Martial Centre. Defending a Naval Officer charged with sexual assault. Acquitted.
R v M 2021: Portsmouth Crown Court. Prosecuting a multi complainant allegation of multiple rapes against a football coach.
R v S 2021: Southampton Crown Court. Defending a vulnerable client charged with rape of a child under 13, Acquitted after trial
R v B 2021: Oxford Crown Court. Defending a bailiff charged with rape. Acquitted after trial.
R v C 2021: Winchester Crown Court. Prosecuting a rape of a child under 10. Conviction after trial
R v S 2021: Portsmouth Crown Court. Counsel for the defendant charged with multiple counts of non-recent sexual activity with a child when the defendant was a secondary school teacher.
R v M 2020: Southampton Crown Court. Prosecuting attempting to pay for the sexual services of a child. Convicted after trial. Conviction upheld in the Court of Appeal.
R v W 2020: Winchester Crown Court. Counsel for defendant charged with sexual assault and kidnap.
R v B 2020: Southampton Crown Court. Counsel for defendant on a 17 count indictment including arranging the commission of a child sex offence and possession and distribution of indecent images of children
R v G 2019/2020: Poole Youth Court. Youth charged with assault by penetration
R v D 2019: Southampton Crown Court. Counsel for a 90 year old defendant charged with sexual assault of a child under 13 and sexual activity with a child family member
R v R 2019: Southampton Crown Court. Historic rape dating back to 1959
R v H 2019: Bournemouth Crown Court. Disclosure Counsel. Rape of an escort and witness intimidation
R v L 2018: Bournemouth Crown Court. Counsel for a vulnerable defendant requiring an intermediary charged with assault by penetration.
R v A 2018: Southampton Crown Court. Counsel for defendant charged with exposure and sentenced to a suspended sentence
R v B 2018: Southampton Crown Court. Prosecuting a transgender woman for numerous offences of inciting a girl under the age of 13 to engage in sexual activity.
R v H 2018/2019: Winchester Crown Court. Led by Adam Feest QC prosecuting a high-profile defendant charged with 50 counts of historical sexual abuse
Berenice Mulvanny has extensive experience in defending a wide range of driving and motoring offences, ranging from offences in the Crown Court where death has resulted to minor driving matters on a private or direct access basis in the Magistrates’ Court.
Example cases include:
- R v I 2020- Winchester Crown Court. Defendant, a taxi driver, charged with causing death by careless driving of a motorcyclist.
- R v A 2019- Southampton Crown Court. Defendant charged with dangerous driving and attempting to cause grievous bodily harm with intent with the use of his car as a weapon in a road rage incident.
- R v L 2019- Winchester Crown Court. Defendant charged with causing death by careless driving after crashing his car whilst under the influence of alcohol which resulted in the death of the front passenger.
- R v P 2019- Winchester Crown Court. Young defendant charged with dangerous driving and driving with a controlled drug (cannabis) above the specified limit after a lengthy police pursuit.
- R v P 2018- Bournemouth Crown Court. Successful application to suspend driving disqualification pending appeal against conviction and sentence.
Accessories and Joint Enterprise: R v Jogee (Appellant) Supreme Court decision2nd Sep 2016
Berenice Mulvanny is a well-respected criminal barrister with experience in cases involving sexual offences and child abuse. She is a Grade 4 RASSO prosecutor for the CPS.
Strengths: “Berenice is a very articulate and persuasive advocate.”
“Her advocacy is excellent and she is particularly good with vulnerable witnesses, especially children.”
“Her communication is superb, as is her timeliness.”
Chambers UK 2024/Crime/Western Bar
Strengths: “Berenice has an amazing work ethic and is very knowledgeable of the law.”
Chambers UK 2023/Crime/Western Bar
‘The combination of skill, hard work and compassion which Berenice brings has earned her an excellent reputation amongst instructing solicitors, colleagues and judges alike.'
Legal 500 2024/Crime (General and Fraud)/Leading Juniors/ Western Circuit
'Berenice is a very impressive barrister - she is extremely combative whilst also being very pleasant to deal with. She is extremely well prepared and a very engaging advocate - clear, incisive, organised. Judges are impressed by her.
Legal 500 2023/Crime (General and Fraud)/Leading Juniors/Western Circuit
"If at all possible, can Berenice Mulvanny from 3PB be allocated to this brief. I suspect that a joinder application will have to be made, she has the relevant grade 4 qualification. From a previous court case I was very impressed with her. Her overall manner and comprehensive grasp of sexual offences along with covert tactics were excellent."
Regional Organised Crime Unit
''I was really impressed with the client care that Berenice provided to my youth client throughout his Crown Court trial and her obvious understanding of the adaptations that should be made when dealing with youth clients. She skilfully negotiated a less than straightforward trial whilst establishing rapport with my client and ensuring he fully understood developments in his case. Her preparation of the case and advocacy were first class and she was a pleasure to work with.''
“I am very pleased with the outcome and what has been achieved on my behalf. This was the best experience of solicitor and barrister care out of the 25 years I have been going through the Courts. I would like to thank everyone involved and I have recommended Eric Robinson Solicitors to someone else, who has already written to you over the weekend in order to represent him. Thank you so much.”
Criminal Defence client
"I would like to thank you for your amazing work with a somewhat challenging client. The correct verdict is entirely down to your hard work and superb presentation of his case. I cannot thank you enough. I would be saying the same even if he had not had this outcome as I have been highly impressed with the work seen and it is evident that you have done your utmost on his behalf."
On behalf of a Criminal Defence client
"From a previous court case I was very impressed with Berenice. Her overall manner and comprehensive grasp of sexual offences along with covert tactics were excellent. So much so, I have asked for her to be allocated to another case."
Criminal Prosecution client