Barrister Profile
RICHARD MCCONKEY KC
Year of Call: 2001
KC: 2024
Main Areas of Practice
Administrative Law or Judicial Review
Criminal Law
Family Law
Biography
Richard was called to the Bar of Northern Ireland in 2001. He was called to the Senior Bar in 2024.
Richard specialises in criminal law. His practice is based in the Crown Court acting on behalf of Defendants. These cases include terrorist cases, serious sexual offences as well as drug supply, money laundering, robbery and serious assaults. Richard has acted on behalf of Defendants in many high-profile murder cases as well as appearing in complex non-jury terrorist trials. Several of the Court of Appeal cases that Richard has appeared in have resulted in precedent judgments in the field of criminal law. He has also appeared in the Supreme Court of the United Kingdom.
Richard also appears in Judicial Review proceedings and children order cases (public and private law).
Qualifications
LL.B The Queen’s University, Belfast.
Certificate in Professional Legal Studies, IPLS, The Queen’s University Belfast
Experience
Notable Court of Appeal Cases
R v Dunlop, Daniel [2019] NICA 7
Richard was instructed in relation to this appeal against sentence in the Court of Appeal. Having not appeared when the case was before the Crown Court, Richard successfully presented this appeal against sentence in the Court of Appeal and the Appellant’s 20-month custodial sentence was substituted with a combination order of probation and community service. The Appellant was released from custody that day. Valentine’s, “All the Law of Northern Ireland” cites this case as a leading authority in relation to the issue of rehabilitation of offenders.
R v McLaughlin, Adrian Ref: 22/080003
Richard appeared in this successful appeal against sentence in relation to a breach of trust case in the Court of Appeal. There were significant complex issues in relation to the interplay between the rights of the Appellant’s children under the ECHR and the public interest in punishing offenders who have committed fraud whilst in a position of trust. This was a very high-profile case which attracted significant publicity given the Appellant’s former employment at the time of the offences.
The custodial sentence imposed in the Crown Court was quashed and the Appellant received a community penalty. This case is a useful precedent in dealing with family issues under Article 8 when an offender is facing a sentence of immediate custody.
R v Wilson, Shana [2021] NICA 38
Richard was instructed in this matter to advise on the merits of appealing a custodial sentence to the Court of Appeal. Having not appeared in the Crown court proceedings Richard was instructed in the appeal proceedings at short notice and appeared in an expedited “rolled up” hearing. Richard persuaded the tribunal that the starting point selected by the Crown court Judge was manifestly excessive and the custodial sentence was reduced. The case is a precedent relating to wounding cases involving “glassing” type assaults.
This case came to the Court of Appeal by way of a PPS reference of a Crown Court sentence where Richard appeared for the respondent. The reference was successfully resisted and the sentence was affirmed.
This case has led to a guideline Judgement in respect of cases of this type. The Lady Chief Justice used this decision “to clarify the law in this area for sentencing courts”.
R v Hamilton, Bradley [2020] NICA 18
Richard was praised by the tribunal for both his written and oral submissions in this Court of Appeal case involving a vulnerable Appellant sentenced for an offence of robbery.
McGuinness, Deborah; in re application for judicial review (No 1) [2020] NICA 54
Richard appeared for the notice party in these judicial review proceedings. The Applicant was challenging this infamous clients eligibility for release under the Good Friday Agreement on the basis of reoffending during his initial licence period. The case attracted media attention. The case was active for over two years and ultimately the Court of Appeal was persuaded that the release date calculated was correct.
The Applicant was deemed eligible to apply for parole. Richard subsequently appeared successfully before the Parole Commissioners and the client was released on licence.
Notable Crown Court Cases
R v Coleman, Stephen [2020] NICC 5
Richard appeared in the Crown court for this Defendant who was charged with “money mule” offences.
There were 14 cases of a similar nature brought together by the then Recorder of Belfast and Richard was selected by the Judge to prepare written submissions with a view to establishing a sentencing precedent for “money mule” cases.
Richard prepared lengthy written submissions drawing from his experience in dealing with an array of other dishonest type offending. He successfully distinguished cases of this type from “breach of trust” offences and the written submissions were accepted by the Judge.
This case is a useful sentencing authority in “money mule” cases.
R v Nauburatis, Sarunas [2021] NICC 6