Tel: 0161 832 4036
Fax: 0161 832 0370
DX: 718200 Manchester 3

Practice Manager
Maria Rushworth
Arlington House
Bloom Street
Salford
Manchester
M3 6AJ

Denise Fitzpatrick

Crime

Denise has extensive experience in prosecuting and defending a wide range of serious and complex criminal cases. Her attention to detail and capacity for hard work have secured her a reputation for consistently outstanding work. Those features, coupled with her commitment to providing the highest standards of client care, attract instructions from a broad range of clients. Denise is an approved advocate on Level 3 of the Crown Prosecution Service's advocate panel for general crime. She is an approved advocate on the Crown Prosecution Service's specialist panel of advocates for rape and child sexual abuse cases and is on the specialist advocates' panel for fraud (including fiscal fraud).

Appeals

Denise undertakes appellate work, including appeals to the Court of Appeal against conviction and sentence, Attorney-General References, judicial review and appeals by way of case stated.

Reported Cases

Notable Cases.

Notable Cases Concerning Fraud Offences.

• R v XL [2020] Prosecution of a man who was convicted of fraudulent evasion of VAT and income tax.
• R v MM [2019] Successful defence of a woman who was acquitted of conspiracy to commit fraud and fraud by false representation. The alleged offences concerned multiple fraudulent applications for loans, credit cards and mobile telephones. In the fifth week of the trial at Chester Crown Court, the trial judge found no case to answer against the client.
• R v RA [2019] Prosecution of a woman who was convicted of facilitating a breach of immigration law between 2012 and 2017.
• 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 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 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.

Notable Cases Concerning Sexual Offences.

• R v BS [October 2019] Represented the prosecution in the Court of Appeal responding to an appeal against sentence concerning the approach to be taken when sentencing historic sexual offences where since the date of the commission of the instant offences the appellant had twice committed and been sentenced for similar offences. The appellant's appeal was dismissed.
• R v E [2017] Acquittal of a man accused of rape in a multi-defendant grooming trial.
• R v T [2017] Prosecution of a man convicted after trial of historic sexual assaults.
• R v Y [2016] Acquittal after trial of a woman accused of sexual assault by penetration.
• R v D [2016] Acquittal after a successful submission of no case to answer of a man accused of rape and other sexual offences in a multi-defendant grooming trial.
• R v A [2015] Successful defence of a man accused of raping a woman who had learning difficulties.
• R v T [2014] Acquittal of a man accused of historic offences of rape in the early 1990s.
• R v W [2014] Successful prosecution at Carlisle Crown Court of a man accused of sexual assaults on a child in the 1970s and early 1980s.
• 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 14-year old boy accused of raping a 13-year old girl, in which reports were obtained from nine expert witnesses.
• R v W [2007] without a leader, 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 T [2020] Prosecution of a man convicted of being concerned in the production of cannabis at three separate locations which were described by the sentencing judge as all professional operations.
• R v M [2018] Representation of a man accused of attempted murder whose guilty plea to wounding with intent to do grievous bodily harm was accepted by the prosecution.
• R v C [2018] Representation of a seventeen-year-old involved in conspiracy to supply Class A drugs.
• R v NK [2017] Successful defence of a woman who was accused of controlling or coercive behaviour in a family relationship.
• R v MT [2017] Successful defence of a woman accused of holding people in slavery or servitude and benefit fraud.
• R v B [2017] Successful defence of a sixteen-year-old boy who was accused of rape and sexual assault.
• R v W [2017] Led by Mark George QC, represented a man accused of murder whose guilty plea to manslaughter was accepted by the prosecution.
• R v I [2017] Prosecution of a man convicted after trial of conspiracy to burgle high performance cars.
• R v MB [2017] Prosecution of a man convicted after trial of armed robbery.
• R v Freeman [2017] EWCA Crim 103: Represented a client whose case was the subject of an application by the Attorney General for leave under section 36 of the Criminal Justice Act 1988 to refer to the Court of Appeal his sentence as being unduly lenient.
• 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 H [2015] Prosecution of a man convicted after trial of wounding with intent to do grievous bodily harm.
• R v S [2014] Successful defence 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] EWCA Crim 1394: Successful appeal to the Court of Appeal against sentence of an offence of 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 and subsequent productive application for confiscation pursuant to the Proceeds of Crime Act 2002.
• 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.
• DPP v James Meakin [2006] EWHC 1067 (Admin) A successful appeal by way of case stated in which Denise FitzPatrick was instructed by the Crown Prosecution Service. The appeal concerned issues of law regarding abuse of process and the admissibility of hearsay evidence.

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 Appeals.

• R v L [2020] EWCA Crim 420 Renewed application for leave to appeal against conviction and sentence to the Court of Appeal. The case concerned the admissibility of hearsay evidence in a historic case.
• R v BS [October 2019] Represented the prosecution in the Court of Appeal responding to an appeal against sentence concerning the approach to be taken when sentencing historic sexual offences where since the date of the commission of the instant offences the appellant had twice committed and been sentenced for similar offences. The appellant's appeal was dismissed.
• R v F [2017] EWCA Crim 103: Represented a client whose case was the subject of an application by the Attorney General for leave under section 36 of the Criminal Justice Act 1988 to refer to the Court of Appeal his sentence as being unduly lenient.
• Berg v Salford City Council [2013] EWHC 2599 (Admin) 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 J [2011] Application for judicial review concerning a decision to remand a man in custody.
• Director of Public Prosecutions v Howard [2008] EWHC 608 (Admin) Prosecuted an appeal by way of case stated concerning the definition of 'racially aggravated'.
• DPP v James Meakin [2006] EWHC 1067 (Admin) A successful appeal by way of case stated in which Denise FitzPatrick was instructed by the Crown Prosecution Service. The appeal concerned issues of law regarding abuse of process and the admissibility of hearsay evidence.

 

Publications

Professional Memberships

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

Are the Court of Appeal and the Queen's Bench Divisional Court now attempting to restrict the use of ABSOs? J.P. [2005] 169(31) 591 - 594.
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? J.P. [2001] 165 (45) 879 - 882.
Right to Life: Is it just to end the life of one Siamese twin to enable the other to live? J.P. [2001] 165 (13) 247 - 248.