Tel: 0161 832 4036
Fax: 0161 832 0370
DX: 718200 Manchester 3
maria@kenworthysbarristers.co.uk
Arlington House
Bloom Street
Salford
Manchester
M3 6AJ

Denise FitzPatrick

Direct Access

Denise is happy to accept instructions on a 'Direct Access' basis in appropriate cases.

Please see our 'Direct Access' page for further details.

Reported Cases

Notable Cases

Notable Cases Concerning Sexual Offences

• R v Y [2016] Acquittal after trial of a woman accused of sexual assault by penetration.
• R v A [2015] Successful defence of a man accused of raping a woman who had learning difficulties.
• R v T [2014] Acquittal after trial of a man accused of historic offences of rape in the early 1990's.
• R v W [2014] Successful prosecution of a man convicted after trial of sexual assaults on a child in the 1970's and early 1980's.
• R v A [2013] Acquittal after trial of a taxi driver accused of sexually assaulting a passenger.
• R v C [2013] Successful prosecution of a man convicted after trial of inciting a child to engage in sexual activity.
• R v N [2010] Acquittal of a child accused of raping another child, in which reports were obtained from nine expert witnesses.
• R v W [2007] without a leader, Denise prosecuted a trial in which the defendant, who was accused of a sexual assault, was represented by a member of Queen's Counsel.

Notable Cases Concerning Other Serious Crime

• R v F [2016] Successful defence of a man accused of making dishonest representations with a view to obtaining payments and benefits from the National Asylum Support Service. The central evidence in the trial was excluded following legal argument pursuant to section 78 of the Police and Criminal Evidence Act 1984 with the result the prosecution offered no evidence.
• R v S [2016] Prosecution of a man convicted after trial of twenty-two counts of fraud and false accounting.
• R v M and Others [2015] Successful defence of a man accused of conspiracy to hold a person in slavery or servitude, intentionally arranging or facilitating the entry into the United Kingdom of an individual intending to exploit her on her arrival and a count of facilitating a false marriage which facilitated a breach of immigration law.
• R v C [2015] Successful defence trial of a woman accused of obtaining leave to enter and remain in the United Kingdom by deception, possession of a false identity document and obtaining a pecuniary advantage by deception. A defence witness gave oral evidence over a video link from Karachi, Pakistan.
• R v S [2015] Prosecution of a man convicted after trial of wounding with intent to do grievous bodily harm.
• R v S [2014] Acquittal after trial of a man accused with four co-defendants of serious assaults including causing grievous bodily harm with intent to do grievous bodily harm.
• R v D [2014] Following service of various applications to adduce business records as hearsay evidence, the prosecution offered no evidence in respect of six allegations of domestic violence assaults.
• R v K, H and A [2014] Prosecution of people sentenced in respect of offences of conspiracy and assisting unlawful immigration involving ‘Sham Marriages'.
• R v R, F and S [2013] Prosecution of three defendants convicted after trial at Burnley Crown Court for a series of assaults and witness intimidation.
• R v Baldacchino [2012] [Case Reference 201200946/A4 CA]: Successful appeal to the Court of Appeal against sentence of a conspiracy to burgle.
• R v K [2010] A prosecution trial at Manchester Crown Court, at the conclusion of which the defendant was convicted of producing cannabis on a commercial scale.
• R v S [2010] Successful defence trial of a woman accused of wounding a man with intent to do him grievous bodily harm.
• Director of Public Prosecutions v Howard [2008] EWHC 608 [Admin] Prosecuted an appeal by way of case stated concerning the definition of 'racially aggravated'.
• R v B [2006] Defence of a man who had pleaded guilty to stealing an extremely high number of rare and valuable books from the Central Reference Library in Manchester. He avoided immediate imprisonment and received a suspended sentence of imprisonment.

Notable Cases Concerning Regulatory Law

• Berg v Salford City Council (2013) EWHC 2599 (Admin) Denise FitzPatrick represented Salford City Council, the respondent in an appeal by way of case stated concerning a notice served by the respondent pursuant to section 215 of the Town and Country Planning Act 1990. All eight questions of law were answered by the Administrative Court in favour of the submissions made on behalf of Salford City Council.
• R v B (2012) Successful defence trial of a landlord accused of contravening section 1(2) of the Protection from Eviction Act 1977.
• M v Trafford Borough Council [2009] Successful appeal against the refusal of a Hackney Carriage Driver's Licence following a conviction for driving with excess alcohol.
• HM Revenue & Customs v S [2009]: Successful appeal against the seizure of tobacco which would otherwise have been liable for forfeiture pursuant to section 139(1) of the Customs & Excise Management Act 1979.

Notable Cases Concerning Banning Orders

• P v DPP [2011] Successful appeal against the imposition of a Football Banning Order in respect of a 17-year old boy.
• City West Housing Trust v D and B [2010] Effective opposition of applications for interim Anti-Social Behaviour Orders against both clients.

Notable Cases Concerning Road Traffic Law


• R v K [2016] Acquittal after trial of a man accused of dangerous driving.
• H v Director of Public Prosecutions [2014] Successful appeal against conviction for driving in such a position so as not to have proper control of the vehicle.
• R v H [2013] Successful argument of 'special reasons' at Bradford Crown Court for not endorsing the driving licence of a man who had driven dangerously.
• U v DPP [2011] Successful appeal against sentence of a coach driver who had pleaded guilty to dangerous driving.
• DPP v James Meakin [2006] EWHC 1067 [Admin] A successful appeal by way of case stated in which Denise was instructed by the Crown Prosecution Service. The appeal concerned issues of law regarding abuse of process and the admissibility of hearsay evidence.

Publications

  • Member of the Criminal Bar Association.
  • Member of the Ecclesiastical Law Society

    Publications
  • "Are the Appellate Courts now attempting to restrict the use of ASBOs?  Soliciting an answer to the begging question."  169 JP 591
  • "R v Lawson : Yet another plea for the legal recognition of 'Mercy Killing' as a lower class of Homicide and the Reform of s.2(1) of the Homicide Act 1957?"  165 JP 879
  • "Right to Life : Is it just to end the life of one Siamese Twin to enable the other to live?"  165 JP 247