David McGonigal

David McGonigal

  • Year of Call: 1982
  • B.A. (Hons)
    Gray’s Inn
    Practice

    With 30 years in practice at the bar, David McGonigal is a highly experienced criminal barrister and a long-standing member of Broadway House Chambers' Criminal Law team.

    David is an accomplished Crown Court advocate and his practice encompasses all forms of criminal work, for both the prosecution and defence. His considerable bank of experience extends across a wide range of offences, from serious violent and sexual crimes (including rape) to crimes of dishonesty including fraud, forgery and criminal damage. David is particularly known for his specialist knowledge of the law relating to drugs offences and he is regularly called upon to act in complex importation and distribution cases.

    He is also experienced in inquests, having appeared on behalf of all interested parties including the family of the deceased, the Police and other individuals whose conduct has been called into question in connection with the subject's passing.

    David also serves as the editor-in-chief of our Chambers' newsletter Broadway Quarterly, Broadway House's free journal containing information and discussion about the latest developments in the law.

     

    David McGonigal - a Direct Access Barrister

     

    David McGonigal is able to accept Direct Access work under the Bar Public Access Scheme. For more information in relation to the scheme or to make a booking directly please contact our dedicated Criminal Clerking Team on the details provided opposite.

     

    Professional Memberships

     

    Criminal Bar Association

     

    Notable Cases

     

    Court of Appeal

    R v Razwan [2011] EWCA Crim 1893

    Sentence - Offence committed by University student - Effect of mitigation

    R v Rhule [2010] EWCA Crim 2177

    Sentence - Application of Criminal Justice Acts 1991 and 2003 - Tariff to be applied

    R v Hewitt and another [2010] EWCA Crim 1588 (Attorney General's Reference No.31 of 2010)

    Sentence - Sentence of a person under 18 - Offences Against the Person Act 1861, s.18

    R v Islam [2006] EWCA Crim 1523

    Sentence – Custodial sentence – Attempted robbery – Imprisonment for public protection – Defendant having numerous previous convictions – Whether defendant posing significant risk of serious harm to public – Whether judge erring in imposing notional determinate sentence – Criminal Justice Act 2003 s 229(3).

    R v Shaffi [2006] EWCA Crim 418

    Sentence – Life imprisonment – Life sentence for serious offences – Robbery – Possessing an imitation firearm in order to commit robbery – Whether significant risk to public of serious harm – Whether serious psychological harm – Whether judge erring in imposing life sentence – Criminal Justice Act 2003, ss 224(3), ss 225(1).

    R v Quayle and others [2005] EWCA Crim 1415

    Criminal law – Defences – Necessity of circumstance – Possession, cultivation, production, importation and supply of cannabis for medicinal use – Potential scope and applicability of defence – Misuse of Drugs Act 1971 – Customs and Excise Management Act 1979.

    R v Aitken [1991] 94 Cr App Rep 85

    Criminal evidence – Tape recording – Tape recording of police interviews – Written record admitted in evidence – Jury requesting to hear tape recording – Judge allowing jury to listen to tape recording -whether judge ought to have allowed to listen to recording.