David Miller

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“Red Lion is well known to be a dynamic set with many barristers operating at the top end.”
Legal 500, 2022

Personal profile

David Miller prosecutes and defends in cases of serious crime. He has detailed knowledge of police procedure and investigative techniques, with particular expertise in disclosure issues, organised crime and intelligence led operations, informant handling, forensic science and fraud.

He has a wide ranging practice including Business Crime & Fraud, Serious Violence, Drugs Offences, Road Traffic Offences, and Judicial Review.

David’s recent cases include defending in prosecutions brought by the Serious Fraud Office, murder, money laundering, perverting the course of justice, conspiracy to commit robbery and GBH, importation of Class A drugs, possession of Class A drugs with intent to supply and confiscation hearings.

David regularly appears as a leading junior and has led, for example, in cases concerning riot (the Harmondsworth Detention Centre riots), conspiracy to defraud, conspiracy to supply Class A drugs, conspiracy to commit robbery with loaded firearms and money laundering charges including those relating to the alleged conspiracy to supply heroin nationally.

David has appeared in the Court of Appeal involving allegations of fraud against serving police officers. On a number of occasions he has been instructed by the Registrar of Criminal Appeals to advise on the merits of fresh appeals against old convictions where there is a suggestion of new evidence.

David is a CPS Grade 4 prosecutor in Serious Crime and Fraud, a pupil supervisor and an Inner Temple advocacy trainer.

Fraud

David is instructed regularly in large-scale frauds, often as a leading junior. Recent examples of his fraud practice include a conspiracy to defraud Barclays International of £50m, a £47m conspiracy to defraud, a conspiracy to defraud Railtrack involving a number of employees and a multi-handed conspiracy to defraud insurance companies that involved complex related confiscation proceedings.

David successfully represented News International’s Managing Editor and Night Editor in two separate Operation Elveden trials working with the Sun Newspaper. He was also instructed on behalf of three other editor/journalists whose cases were discontinued by the prosecution prior to trial.

He has been instructed as first junior to represent an alleged de-facto Chairman of a multinational company in a cross-jurisdictional fraud prosecuted by the Serious Fraud Office.

He is also instructed as first junior to represent a client in a separate fraud being prosecuted by the Serious Fraud Office.

David also prosecutes and defends serious fraud cases with a particular emphasis on defendants employed in public office.

Featured cases:

R v A and others (2018) – Blackfriars CC. Instructed as leading junior, representing a client in multi-handed conspiracy to defraud relating to the sale of binary options.
R v A (2017) – Instructed to represent a client charged with conspiracy to rob (cash in transit and cash point machines with use of explosives).
R v B (2016) – Instructed to represent a client charged with conspiracy to defraud Barclays International of mortgages valued in excess of £50m.
R v M (2015) – CCC, led junior. Instructed to represent the Night News Editor of The Sun Newspaper charged as a result of Operation Elveden.
R v M (2015) – CCC, led junior. Instructed to represent a senior Sun Reporter in connection with Operation Elveden.
R v D (2014/2015) – CCC, led junior. Instructed to represent the Managing Editor of The Sun newspaper in the main Operation Elveden trial.
R v B (2014) – Southwark CC, junior alone. Instructed to represent a client in a multi-handed conspiracy to convert criminal property relating to co-defendants alleged to have defrauded the Royal Marsden NHS Trust of over £600k and laundering proceeds with the assistance of others.
R v H (2013) – Manchester CC, junior alone. Instructed to represent a defendant in a multi-handed conspiracy to defraud H M Revenue and Customs relating to a VAT carousel fraud valued at millions of pounds.
R v S (2012) – Instructed as led junior in a multi-handed conspiracy to launder £50m of proceeds of crime.
R v W (2012) – Guildford CC, junior alone. Instructed to represent a defendant in a multi-handed conspiracy to convert criminal property involving the sale of goods through eBay, valued at hundreds of thousands of pounds.
R v C (2011) – Junior alone. Instructed to prosecute a boiler room fraud.
R v W (2011) – Junior alone. Instructed in a multi-handed conspiracy to steal commercial vehicles.
R v W (2010) – Court of Appeal. Instructed to represent the Crown (FPS) in opposing a police officer’s appeal against conviction for an offence of misconduct in public office, regarding the personal use of a credit card from public monies.
R v K (2008) – Led junior. Instructed in a 13-handed conspiracy to defraud insurance companies.
R v M and O (2006) – Leading junior. Instructed in a conspiracy to handle £1m of stolen motor vehicles.
R v B – Leading junior. Instructed in a multi-handed conspiracy to defraud Network Rail by the use of ghost employees.

Murder & Manslaughter

Featured cases

Instructed in the appeal of a defendant convicted in one of the country’s most high-profile murders.
R v L (2018) – Oxford CC. Led junior. Instructed to represent a client who was the principal defendant in a multi-handed murder.
R v W and others (2016) – Reading CC. Instructed as led junior representing a client in multi-handed “joint enterprise” murder, relating to the fatal stabbing of the client’s ex-boyfriend.
R v J (2014) – CCC, led junior. Instructed to represent the defendant in a multi-handed “joint-enterprise” murder, relating to the fatal stabbing of a male, which the Crown alleged was a revenge attack between two rival gangs.
R v A (2013) – Reading CC. Junior alone. Instructed in a multi-handed murder to represent a client charged with perverting the course of justice in connection with the murder investigation, which led to client’s brother being charged with the murder of his business partner and mistress and tried together with his sister and another mistress.
R v M (2013) – CCC, junior alone. Instructed in a murder.
R v B (2012) – Chelmsford CC. Junior alone. Instructed to represent a client charged with perverting the course of justice in connection to a murder investigation where his son was a suspect.
R v K and others (2010/2011) – Central Criminal Court. Instructed as leading junior in a multi-handed conspiracy to murder and conspiracy to transfer firearms, following the alleged execution of a co-defendant involved in the conspiracy to transfer firearms, following the arrest of suspects in possession of semi automatic firearms and ammunition during a pro-active investigation by Operation Trident.
R v S (2010) – Junior alone. Instructed in an attempted murder following a shooting outside a nightclub.
R v W (2010) – Court of Appeal. Instructed as a led junior opposing the Crown’s application to quash an acquittal for murder in 1996 and retry the respondent on new evidence.
R v W (2010) – Instructed as led junior in the country’s first double jeopardy retrial for murder.
R v T (2010) – Instructed as led junior in a multi-handed trial of four family members for the murder and attempted murder of other family members.
R v S (2008) – Led junior. Instructed in a murder.
R v L (2008) – Led junior. Instructed in a multi-handed Murder.
R v N and O (2007/2008) – Instructed in a multi-handed conspiracy to defraud £47m to represent one of eight defendants.
R v L (2007) – Led junior. Instructed in a multi handed murder.
R v S – Instructed as junior counsel for a defendant charged with gross negligence manslaughter, following the death of a team member carrying out maintenance work on the national rail network.
R v M – Instructed as junior counsel for one of six defendants charged with a murder following investigation by Operation Trident. The Crown offered no evidence following service of the defence case statement
R v C – Instructed as junior counsel for a defendant charged with murder having defended himself during an attack at his home.

Drugs Offences

David has been instructed in a number of multi-handed trials alleging offences of drugs importation and serious fraud.

Featured cases:

R v P (2016) and (2017) – Junior alone. Instructed to represent a client in a multi-handed conspiracy to import heroin valued in excess of £5m.
R v B (2015) – Oxford CC. Junior alone. Instructed to represent a client in a multi-handed conspiracy to supply hundreds of kilos of Class A drugs. Intelligence led police investigation over a one year period, involving covert surveillance and property interference, culminating in the seizure of drugs valued in excess of £1.3m, which the Crown alleged was a fraction of the size of the criminal enterprise.
R v M (2015) – CCC. Junior alone. represented an alleged “Drugs Kingpin” who had been circulated amongst “Britain’s Most Wanted” in connection with the conspiracy to import and supply hundreds of kilos of heroin and cocaine, resulting from intelligence led police investigation.
R v O (2010) – Instructed as leading junior in a multi-handed conspiracy to supply heroin and conspiracy to use criminal property, following a two-year covert police operation.
R v D (2009) – Junior alone. Instructed to represent a psychiatric nurse employed at HMP Lewes accused of stealing drugs from the prison.
R v R and O (2007) – Leading junior. Conspiracy to supply Class A drugs and money laundering, involving entrapment by undercover police officers. Two-year undercover operation.
R v T, F and A – Represented defendants during judicial reviews of custody time limits.

Serious Violence

Featured cases

R v K (2014) – Isleworth CC. Leading junior. Instructed to represent the defendant in this multi-handed conspiracy to commit GBH and violent disorder case. The defendant was charged with violent disorder in connection with a fight between two rival religious gangs in Southall Park resulting in the fatal stabbing of another male.
R v Y (2012) – Junior alone. Armed robbery.
R v B (2009) – Led Junior. This ia a leading case concerning racial hate crime. Instructed to represent the ‘alleged’ head of ‘Combat 18’.
R v N (2009) – Junior alone. Instructed in a 17-handed violent disorder involving rival gangs in North London.
R v K – Leading junior. Instructed in a multi-handed trial following the riot at Harmondsworth Detention Centre, where the Crown alleged that £5m damage was caused.
R v E and O (2007) – Leading junior. Instructed in this case including conspiracy to commit robbery with loaded firearms. Operation Trident intelligence-led operation.
R v G – Instructed to represent an appellant in the Court of Appeal regarding identification procedures involving identical twins.