R vs Kapoor

This case involved an appeal under the Criminal Legal Aid (Remuneration) Regulations 2013 to determine the appropriate classification of a robbery offence for legal aid remuneration purposes.

TLDR:

• The appellant represented Jasvin Kapoor in a conspiracy to rob case.
• The appeal was about the classification of the offence for legal aid payment purposes.
• The court dismissed the appeal, upholding the lower classification of the offence.

The appellant, David Lyons, represented Jasvin Kapoor in the Crown Court at Isleworth. Kapoor was charged with conspiracy to rob between 15 September 2021 and 18 November 2021. The appeal was brought under the Criminal Legal Aid (Remuneration) Regulations 2013, focusing on the appropriate classification for the offence under the Graduated Fee Scheme.

The Defendant was granted legal aid by a Representation Order dated 1 July 2022. The dispute centered on whether the offence should be classified as armed robbery (band 11.1) or other robbery (band 11.2) under the AGFS Banding Document.

The Determining Officer categorized the offence as band 11.2, noting that there was no evidence of the use or threat of firearms or offensive weapons as defined by statute. The appellant argued that the conspiracy involved the use of violence and offensive weapons, thus qualifying for band 11.1.

The court examined previous decisions, including R v Stables and R v Kendrick, which provided guidance on the classification of armed robbery. The court found that the evidence did not support the classification of the offence as armed robbery under the statutory definition.

The court noted that the prosecution's case against Kapoor did not establish that the conspiracy involved the use of specified weapons. The appellant's inability to produce concrete evidence of the prosecution's opening and the lack of transcripts further weakened the case.

Ultimately, the court agreed with the Determining Officer's classification, concluding that the offence did not meet the criteria for armed robbery. The appeal was dismissed, affirming the lower classification of the offence.

This decision emphasizes the importance of concrete evidence in determining the classification of offences for legal aid remuneration purposes and provides clarity on the application of the AGFS Banding Document.

Legal representatives: David Lyons (Counsel) for the appellant.

Judicial Panel: Costs Judge Leonard

Case Citation Reference: [2024] EWHC 1316 (SCCO)