Rose Burns

Teams: Crime & Regulatory (General Crime, Asset Recovery & Money Laundering, Licensing, Trading Standards, Health & Safety, Food Safety, Environment, Animal Health, Judicial Review)

Year Called: 1978

Inn: Inner Temple

Appointments: Crown Prosecution Service (Grade 4 Prosecution) Advocacy Trainer, Inner Temple Rape Panel Advocate

Memberships: Western Circuit, South Eastern Circuit, Criminal Bar Association

Rose's work has included prosecuting and defending, as a senior and sometimes leading junior, in cases of murder, violent and gun crime, arson, rape and serious sexual assaults upon adults and children, fraud and large scale drugs offences.

Rose has conducted cases both for the prosecution and the defence requiring the sensitive handling of vulnerable witnesses and she is particularly interested in cases involving those suffering from mental problems.

Recent notable cases:

R v W (Snaresbrook 2017: defending) The defendant was acquitted, after an eight-day trial, of raping a 72 year-old woman with mental difficulties only a few days after he had come out of prison.

R v L & Ors. (Isleworth 2017: prosecuting) A case involving the prosecution of nine defendants involved in a Violent Disorder at Feltham YOI. Some pleaded guilty and others were convicted following a three-week trial.

R v N (Central Criminal Court 2017: defending) The defendant was a serving Army officer. He was accused of raping and assaulting his wife, but at the close of her evidence an application was successfully made to withdraw the case from the jury.

R v J (Portsmouth 2017: prosecuting) A defendant charged with a co-defendant in dealing in crack cocaine was convicted after trial, which involved interesting arguments about the concept of possession.

R v T (Bournemouth 2017: defending) The defendant was accused of attempting to rape and sexually assault a stranger late at night. After trial he was acquitted, but convicted of ABH and sentenced to 4 months’ imprisonment.

R v A (Blackfriars 2017: defending) ‘Operation Parish’ in Ilford uncovered drug dealing activities in Class A and B drugs by multiple defendants. This defendant was found with quantities of cannabis in his bedsit, and two co-defendants. He was a man with serious mental difficulties arising out of appalling events in his native Afghanistan, acknowledged by the Crown; he was acquitted after trial.

R v J (Maidstone 2016: defending) Despite a compelling application to the Attorney-General for a Nolle Prosequi, the Crown persisted in pursuing a trial alleging historic sexual assaults against schoolchildren in the early 1980’s by a teacher who was in the advanced stages of Parkinson’s Disease. Eventually no evidence was offered and a Not Guilty verdict entered.

R v D (Snaresbrook 2016: defending) The defendant was accused of sexually assaulting a 14 year-old schoolgirl on a bus, and attempted child abduction. He had a previous conviction for rape. He was acquitted after trial.

R v F (Court of Appeal 2015: defending) The Court of Appeal quashed the defendant’s conviction for multiple acts of rape of his wife throughout their marriage, on grounds arising out of the trial Judge’s summing up. He had been given an extended sentence of 25 years' imprisonment. Retrial ordered. On retrial in 2016 the defendant was convicted on just two out of 16 counts of rape, and his sentence was reduced to 10 years’ imprisonment.

R v V (Maidstone 2015: defending) The young defendant was acquitted of raping a girl he met at a party. The decision not to prosecute, reviewed more than once, had been subject to appeal under the Victims Charter: the defendant's life had been put on hold for three years and the effect had been devastating.

R v D (Gloucester 2015: defending) A jury accepted that the complainant may have been experiencing hypnagogic hallucinations, and consequently the defendant was acquitted on charges of sexually molesting her.

R v B (Bournemouth 2015: defending) The defendant was acquitted after trial of raping a stranger in his surfer's camper van beside Boscombe pier.

R v E (Lewes/Hove 2015: defending) Both the defendant and the complainant suffered from severe autism. Cross-examination of the complainant was constrained by the requirements imposed by an intermediary. Nevertheless the defendant was acquitted.

R v S (Reading 2015: prosecuting) This was a prosecution case involving a very young complainant, aged 4 at the time of the complaint and 7 when it came to trial, who alleged rape against her teenage cousin. The jury convicted on both counts.

R v M (Portsmouth 2015: defending) The defendant, who had served in the Army, was acquitted following a five-day trial on 8 counts of historic allegations of incest and indecent assault against his two sisters when they would have been aged from 6 onwards.

R v S (St Albans 2015: defending) This was a case where a father was accused of abusing and raping his daughter from age 3 to 13. After a nine-day trial, where many witnesses were called on behalf of both parties, he was acquitted on all eight counts.

R v M (Southampton 2014: defending) The defendant was acquitted of possession with intent to supply a quantity of Class A drugs. This was despite her fingerprints being found on the drugs wrappers inside a rucksack, in the hotel room in which she had been staying.

R v B (Inner London 2014: defending) On a retrial for allegations of the sexual assault and rape of his stepdaughter, the defendant was acquitted at the close of the prosecution case. The learned Judge acceded to a defence submission under S107 Criminal Justice Act 2003 that, bad character evidence having been admitted, there was clear contamination and the jury was directed to acquit on all counts.

Rose Burns

Notable Cases