Franz J Muller QC

Areas of Practice

As a junior he specialised in personal injury litigation and crime. Shortly before taking silk he was junior to Peter M. Taylor QC (later Lord Chief Justice) in the Poulson corruption cases.

In silk he has specialised in crime and has appeared for the prosecution and the defence in many high profile cases mainly on the North Eastern Circuit. More than a few of which have been re-enacted on TV. Defendants represented range from a 12 year old girl charged with murder to an 89 year old clergyman charged with sexual offences. Particular experience of multi handed cases. Has successfully resisted so called ancient “miscarriage of justice” cases in the Court of Appeal.

Recent Cases

Murder

• R v Magowan [Murder in prison]
• R v Wilson (Prosecution) Planned killing of random consultant anaesthetist - TV
• R v Shatonawi (Prosecution) Killing by Doctor of his wife – no body found. TV
• 1st case using STR DNA in Britain
• R v Butler (Diana) [1999] CLR 855 Long term provocation (Prosecution)
• R v Howells, Howells and Howells (Prosecution) Joint planned murder of father and 2 sons of their mother.
• R v Dunlop (Defence) Acquitted of murder and subsequently admitted it. Body in the bath murder.

Medical and Psychiatric Defences

• R v Kischko (Prosecution) – Court of Appeal allowed appeal on the grounds of sexual incapacity after he had served 17 years of life sentence for killing a child - TV.
• R v Butler (Diana) [1999] CLR 855 (Prosecution) Cumulative provocation of wife.
• R v Mahmud (Ali Abdullah) Non English speaking Kurdish Iraqi asylum seeker who had suffered torture and psychiatric damage.
• R v Robinson (Maxine) Murder by mother of 3 children (alleged cot deaths) Infanticide/diminished responsibility.

Gangland killings (Multi handers/organised crime)

• R v Mawhinney (Prosecution)
• R v Lyons (Defence)
• R v Craig Allen (Defence)
• R v Hickson (Prosecution)
• R v Crossling (Defence)
• R v Davies (Defence)
• R v Botterill (Prosecution)

Terrorism

Conspiracy to cause explosion in Marks and Spencer, Leeds (Prosecution)

Importation of Drugs (Interception of Communications Act)

• Telephones and bugging.
• R v Khan (Sultan) [1997] AC 558 House of Lords Bugging of private house
• R v Allen (Craig) Prosecution and subsequently defence

Recent Frauds

• R v Pinchbeck & Oprey (Defence) Moat House Hotels and Harrogate conference centre)
• R v K Smith £3m fraud re NVC Qualifications

Sex

• R v Peter Smith (aka Voisey) child seized from bath in her home and subsequently raped, circumstantial evidence (defence)

Operation Rampart (Sheffield and Leeds) (prosecution) Saunas-living off the earnings of prostitution and facilitating breaches of immigration legislation.

Police Disciplinary Matters
Represented a senior Cleveland police officer in a disciplinary hearing.

Hillsborough Enquiry
Successfully represented Emergency Services.

Few would say that lack of success has been due to a failure to attend to details or lack of effort.

Believes that all in the prosecution or defence team have something significant and valuable to contribute.

Professional Membership

• North Eastern Circuit

Additional Information

• Foreign Language: German