Toby Wilbraham, criminal defence & regulatory solicitor
Toby is a highly experienced solicitor having been at Olliers for in excess of 20 years. He works as a litigator as well as an advocate in the Magistrates’ Court, Crown Court and Court of Appeal. Due to his experience he also advises clients, who were initially represented by other firms, as to whether they could successfully appeal the result of their cases.
Toby has worked on a wide variety of serious cases ranging from historical sex offences to conspiracy to supply drugs. These include a number of unusual cases including a recent FBI/NCA investigation into global drug dealing on the Silk Road website accessible only via the ‘darknet’. Toby prides himself on his meticulous preparation of cases and has been described as a ‘safe pair of hands’ striving to represent his clients to the best of his ability.
Toby specialises in dealing with cases involving a cyber/internet element including dark web allegations, hacking, cyber terrorism, revenge porn and indecent images. Click here to read more.
Toby is also highly experienced in dealing with regulatory offences representing clients in areas including Food Safety and Hygiene, Trade Marks, Fire Safety, Copyright and Design Breaches, General Product Safety Regulations (GPSR), Health & Safety and Environmental Damage.
Toby is a member of the Association of Regulatory & Disciplinary Lawyers.
Criminal Law and Forensics
Toby has a particular specialism in cases involving forensic evidence and has significant experience of challenging such evidence successfully. Toby has written a number of articles highlighting the problems in outsourcing forensic science services.
In 2012 Toby worked on cases relating to the Manchester Riots and was interviewed on Radio 5 live, Radio Manchester, Granada Reports and BBC news. He also contributed to the joint Guardian/ LSE report into the causes of the riots.
Toby was interviewed on BBC Manchester in relation to stop and search statistics in 2015.
Cases of note
- R v A – Represented a businessman at Bury Magistrates who was prosecuted for handling stolen goods after being supplied with York Stone in seemingly suspicious circumstances. If convicted the case would have had an adverse effect on his business. He was acquitted after trial.
- R v B – Represented a man accused of assaulting his wife. The CPS attempted to proceed with the allegation based solely on the 999 call to the Police. The case was dismissed after a successful legal argument to exclude the evidence.
- R v C – Represented a client for murder at Manchester Crown Court. He had handed himself in to a local police Station and stated he had witnessed a friend murder someone. When interviewed he also accepted helping him dispose of the body, under duress. Although he was charged with murder the jury accepted his account and acquitted him.
- R v D – Represented a client for murdering his wife at Manchester Crown Court. He was alleged to have strangled her following an argument after she stated she was leaving him. After looking into potential diminished responsibility defences the client pleaded guilty getting a life sentence with a minimum tariff of 11 years.
- R v E – Represented a client for murder at Manchester Crown Court. He was accused of dousing his sister with petrol and setting her on fire. The case was complex looking into potential mental health defences and various forensic issues.
- R v F – Represented a client for gross negligence manslaughter at Manchester Crown Court. She had attended a party during which her sister had stabbed her boyfriend in the leg. The client then told people not to call an ambulance which led to the victim dying due to blood loss.
- R v G – Represented a businessman at Manchester Crown Court for trading standards offences. He was prosecuted for selling children’s chairs on ebay which didn’t pass the necessary safety standards and also used trademarked logos.
- R v H – Represented a man alleged to have been involved in manufacturing and selling counterfeit goods in the Cheetham Hill District of Manchester. The case was dropped against him after negotiations with the Prosecuting authority and co-defendants.
- R v I – Represented a client at the Police Station for allegations of unlicensed pharmaceutical drug importation and sales, and money laundering. The client and her partner were alleged to be responsible for importing generic Viagra from India and selling it through various companies on ebay. This was a complex case involving large amounts of financial and transactional records.
- R v J – Represented a client at Court who was prosecuted for unauthorised treatment of waste at his waste management plant.
- R v K – Represented a client at the Police Station and Court for involvement in a large scale global drug dealing group linked to the ‘dark web’ and notorious website ‘The Silk Road’. The client was a student at Manchester University at the time of his arrest that followed the arrest of the creator of the website Ross Ulbricht in America by the FBI. The National Crime Agency (NCA) led the investigation in this Country which involved evidence obtained from the FBI in America.
- R v L – Represented a client allegedly involved in ‘MiLeNNiuM’ group. MiLLeNNiuM was alleged to have had early access to a number of films and posted them on a member only access forum illegally. This led to an alleged fraud in the region of £1,500,000.
- R v M – Represented a businessman at Stockport Magistrates Court who was prosecuted with careless driving after 2 Police Officers suggested he was driving erratically on the M60. The client was acquitted after giving evidence that contradicted them.
- R v N – Represented a woman at Manchester Magistrates Court after she was prosecuted for driving with excess alcohol. She argued ‘special reasons’ that her drinks had been spoked by a friend unbeknown to her leading to the excess alcohol reading. The Magistrates accepted the argument and did not ban her from driving.
- R v O – Represented a client at Harrogate magistrates Court who was prosecuted for excess alcohol where the reading was 135 in breath. Successfully persuaded the Court to impose a non custodial sentence due to the particular circumstances of the case.
- R v P – Represented a client at the Crown Court who was charged with s20 wounding following an incident with a neighbour. He was acquitted after trial.
- R v Q – Represented a client who admitted possession with intent to supply class A drugs after having supplied ecstasy to 2 girls in a night club who were subsequently hospitalised. The Court was successfully persuaded to impose a suspended sentence due to the mitigation put forward.
- R v R – Represented a client at the Crown Court for possession with intent to supply cocaine. The Police raided his mothers house and found a bad containing a large amount of cocaine. His mother stated that the drugs were his and the bad containing the drugs had his fingerprint on them. He was acquitted after trial.
- R v S – Represented a client for attempted robbery at Chester Crown Court. The complainant suggested that he confronted her in the street and tried to steal her handbag. He stated that she had owed him a debt and he spoke to her demanding his money back. He was acquitted after trial
- R v T – Represented a client at Stafford Crown Court charged with a dwelling burglary. The evidence was based on DNA that the Prosecution suggested showed a link between him and the scene of the crime. We queried the DNA evidence and once this was reviewed it was found to be inaccurate and eventually no evidence was offered against him and he was found not guilty.
- R v U – Represented a client at the Court of Appeal and successfully argued to have his sentence (for dangerous driving and handling) reduced from 30 months to 20 months.