Lee Fish

Criminal

Notable Crime cases

R v JR and others
Prosecution junior in Operation Dryer and Chairs. Led by Jaime Hamilton KC. This was a substantial and complex investigation which targeted some of the most serious criminals in the Northwest who were charged with supplying industrial levels of Class A drugs, trading in firearms with intent to endanger life and conspiracy to commit murder and conspiracy to inflict grievous bodily harm with intent. Case arose out of Operation Venetic when the data from encrypted mobile phones was accessed by French authorities and provided to NCA. All defendants convicted. The case recently featured in the Channel 4 documentary “Operation Dark Phone: Murder by Text.”

R v PW
Prosecution of a man for a stranger rape of an elderly women with dementia.

R v TR
Defence of man who pleaded guilty to sexually abusing two generations of his family. Successful appealed sentence. Court of
Appeal reduced the sentence by 5 years.

R v PK
Prosecution of man for manslaughter. Defendant assaulted his girlfriend’s brother causing his death. Involved the presentation of
complex expert evidence related to cause of death.

R v IT
Prosecution of man who sexually abused his step-son, step-daughter and his step-son’s friend. This was sexually offending of the
utmost gravity. One of the complainant’s disclosed whilst the proceedings were ongoing. This was successfully managed and
defendant was convicted. Difficult issues in relation to bad character and s.41.

R v PA
Prosecution of man for raping two separate partners. Also subjected them to domestic abuse and blackmail. Some of the offending
was filmed. This case was challenging as the defendant chose to represent himself. Convicted on all counts and sentenced to life
imprisonment.

R v C
Defence of lead defendant who organised multiple criminal conspiracies from prison. It was also alleged that he had attempted to
interfere with witnesses in an ongoing case. Defendant was acquitted of perverting the course of justice.

R v SD
Defence of a teaching assistant who engaged in sexual communication with one of his students.

R v RM
Defence of a teacher who abused young boys whilst a volunteer in a Catholic orphanage in 1970s.

R v H & W
Prosecution of two serving police officers for child cruelty.

R v McKenna
Defence of man accused of raping two separate women in 1980’s. Defendant was identified decades later by DNA evidence. Case
received national attention.

R v Alemi
Defence of consultant psychiatrist for forging the will of an elderly woman. Led by Daffyd Enoch KC.

R v Marshall
Prosecution of football coach accused of sexually abusing 5 boys. This was part of Operation Tide, which is a national investigation
in to historical sexual abuse within football. This case involved complex fitness to plead issues and disclosure of material which
was subject to legal professional privilege.

R v Briggs
Defence of care assistant who was accused of murdering one of her elderly clients in her own home. Entire prosecution case was
focused upon disproving the defendant’s account that she and the deceased had been attacked by an unknown intruder. Involved
expert evidence regarding the staging of a crime scene. Case also involved significant financial evidence regarding the defendant’s
dire financial position. Led by John Elvidge KC.

R v Armstrong
Defence of man accused of killing partner. Complex medical and bad character issues. Led by Nick Lumley KC.

R v CH
Defence of 17 old boy for murder. Led by Paul Greaney KC.

R v M
Successful defence of a man for historic sexual offences at the Central Criminal Court.

R v Smith
Successfully excluded the interview of a man with schizophrenia who confessed to a serious robbery in the absence of an appropriate adult or solicitor. Judge held that serious breaches of PACE rendered the interview inadmissible.

Environmental

Notable Environmental Law cases

R v Greenology
Instructed by Environment Agency to prosecute Greenology and its directors and others involved in running the company. It concerned a number of illegal sites, however, the major focus was a site near Redcar. At this site waste was stored illegally and dangerously. The result was a very large fire at the site that had a significant impact on the surrounding area. This case recently featured on the BBC Fraud Squad documentary.

R v HM Property Solutions & Hornsby
Prosecution of company and its director. Open cast mine that caused pollution to Hartley Burn in Haltwhistle.

R v Coates and others
Prosecution of a number defendants including 3 limited companies for unlawful depositing of waste at two separate sites. At one of the sites the waste was stored in such a way as to be potentially harmful to human health. Issues in relation to the duty of care requirements.

R v M
Defence of company and its director for serious environmental offences arsing out of water discharge activities and the spreading of hazardous waste on land.

R v Shepherd & Albert Hill Skip Hire
Leading counsel for the Crown. Case involved the prosecution of a rogue skip hire company and those running the company who were responsible for serious environmental offences. Successful prosecution, which involved complex issues of law.

R v Benson, Brough & Easy Skips (NE) Limited
Prosecution by the Environment Agency of a limited company and its directors for illegal waste offences. Prosecution for the first time applied for a confiscation order. Advised on the correct approach to the application. The result was an order for just under £250,000 against the directors of the company.

R v Sealane Inshore Limited & Durham County Council
The prosecution of a local authority and an independent contractor for causing pollution. Durham County Council employed Sealane Inshore Limited to complete renovation works on a bridge. A substance from the works entered the watercourse causing pollution and death to fish. Provided advice prior to proceedings commencing. Case involved substantial legal argument on the meaning of “causing”, strict liability and vicarious liability.

R v Dunlop, Rutherford & Bain
Instructed to prosecute a number of Defendants who were engaged in illegal fishing activities at the River Aln. The case revolved
around an illegal method of fishing called “stroke hauling”. Involved expert evidence on different methods of fishing and
techniques.

R v Mba & Kumar
Prosecution for offences under transfrontier shipment of waste regime. Case concerned the exportation of hazardous waste to
Nigeria.

RE ES
Representing the Environment Agency in an appeal to the Planning Inspectorate following the agency’s decision to revoke an
environmental permit.

Health & Safety

Notable Health & Safety cases

R v PN
Instructed by the Health and Safety Executive to prosecute a farmer following the electrocution of one of his workers who died as a
result of his injuries.

R v NM
Instructed by Health and Safety Executive to prosecute plumber who was undertaking gas work without qualifications. This
included the issuing of gas safety certificates.

R v PB
Instructed by the Health and Safety Executive in the prosecution of a construction site supervisor following a fall from height
resulting in catastrophic injuries to a worker at the site who was left in a tetraplegic condition.

R v MGM Ltd
Instructed by the Health and Safety Executive in the prosecution of a company following a fall from height at a construction site.

Other Regulatory

Notable Other Regulatory cases

R v S and others
Instructed by the Marine Management Organisation in a test case, where it was argued that the prosecution was an abuse of
process due to the way in which fishing quota is allocated and managed in the UK. Involved significant disclosure issues and
matters of EU and domestic law. Judge found for the Crown at first instance. This was upheld by the Court of Appeal.

R v WSL
Prosecution by the Food Standards Agency of an abattoir for breaches of regulations relating to the removal of specified risk
material from carcasses. Advice was provided prior to proceedings commencing.

R v IS
2 separate prosecutions by the Food Standards Agency of a dairy owner, for breaching hygiene regulations.

Inquests

Notable Inquests cases

RE MB
Represented the Environment Agency at Inquest in to the death of a man during the floods in Hull in Summer 2007. Deceased
drowned after his foot became caught in a drain, which the Environment Agency was charged with maintaining.

RE RR
Represented the family of the deceased when their daughter, a serving prisoner, committed suicide by setting herself on fire in her
cell.

RE X
Represented the family of the deceased following a death at work. Inquest focused upon issues about the fitting of a safe in the
back of a security van, which caused a crushing injury resulting in death.

Professional Discipline

Notable Professional Discipline cases

Dr G
Represented GMC. Oncoplastic Surgeon. Multiple failures alleged in the procedure in relation to the mastectomies and breast
reconstruction.

Dr M
Represented GMC. Psychiatrist who gave flawed evidence in a murder trial in relation to defence of diminished responsibility.

Dr S
Represented GMC. Multiple findings of dishonesty in relation to qualifications and level of experience.

Training

Lee is a qualified advocacy trainer on the North Eastern circuit and provides training to pupils and new practitioners. He has been involved in providing advocacy training to students on the Bar Vocational Course at Northumbria University.

Lee has attended training courses on the handling of vulnerable witnesses and handling cases involving rape and serious sexual offences.

Lee is also a registered pupil supervisor and has supervised three pupils.

Appointments

• CPS Serious Crime Panel (Level 4)
• CPS Level 4 Prosecutor
• CPS Specialist Fraud Panel (Level 3)
• Counter Terrorism Specialist Panel (Level 3)
• CPS Specialist Rape Panel
• Specialist Regulatory Advocate in Health & Safety and Environmental Law (List A)

Awards & Associations

Awards

• Advanced award in Environmental Law
• Price Waterhouse Coopers Dissertation Prize

Memberships

• North Eastern Circuit

Education

• LLB (Hons) (First Class), University of Newcastle upon Tyne