“In our judgment an offender can seldom have been better served by his counsel than is this young man by Mr Hunka.”
- Lady Justice Rafferty in the Attorney-General’s Reference No. 28 of 2016 [2016] EWCA Crim 1382
Simon is a highly regarded advocate who is known both for his persuasiveness and his sharp style of cross-examination. He has a personable and engaging manner with his clients which enables him to quickly build trust - he combines this with a strong approach in Court where he fights very hard to achieve the best possible result.
He is meticulous in his preparation and is highly persuasive when addressing both Judges and juries. He prides himself on having a “human” style of advocacy – his approach is neither patronizing nor condescending, rather it is engaging and sensitive to both the issues and the audience. As a result he is powerfully persuasive, simply because he presses the right buttons in the minds of his audience and makes them truly think about what he is saying.
He regularly attracts praise for making strong arguments on behalf of his clients, even when the odds are heavily stacked against him.
From the very start of his career he has appeared in the Crown Court and has quickly developed a wealth of experience. He has appeared as defence Counsel in a number of serious cases involving murder, serious sexual offences (including rape), assault (section 18 and 20), fraud, arson, serious drugs offences, death by dangerous driving and also confiscation proceedings. He has also appeared in the Court of Appeal where his written and oral submissions were praised for their attractiveness and clarity.
His recent cases include: a husband accused of decapitating his wife, a street shooting, rape between acquaintances where consent was the issue, an orchestrated armed robbery of a post office, confiscation proceedings where the assets were assessed at in excess of GBP 3,000,000, a domestic arson attack involving a Molotov cocktail, death by dangerous driving where speed is the issue.
He has a degree in psychology and so is adept at understanding and utilizing medical evidence of this nature – he recently represented a man whose defence to murder was that the voices in his head commanded him to kill.
He offers early and continuous advice, both on paper and in conference, throughout criminal proceedings and in subsequent confiscation proceedings if appropriate.
He favours early conferences at either chambers or solicitors’ offices so that important issues can be identified at an early stage and, if necessary, acted upon.
Simon is a Grade 4 prosecutor, RASSO accredited and a member of the specialist fraud prosecution panel.
Recommendations
“I would like to state at this point that our prosecuting Barrister, Simon Hunka of No5 Chambers in Birmingham, was superb and was a credit to have on board in what was an extremely complicated case with over one thousand pages of evidence originally. He certainly went into minute detail, and his cross examination of the defendants and their witness was brilliant, he countered everything they came up with and had definitely studied the case in exceptional detail in order to do so. I highly recommend him if the Council need a prosecuting Barrister for any other LA case at all - benefits, council tax, housing, planning, regulatory, anti-social behaviour etc - he is willing and able to cover all aspects of cases for LAs, in both Magistrates and Crown Court”.
Beverley Graham, Benefits Investigations Officer, Melton Borough Council.
Notable Cases
R v S
2019
Junior Defence Counsel in “missing body” murder case due for trial in November.
R v K
2019
Junior Defence Counsel in stabbing murder case due for trial in December.
R v Hobday
2019
Defence Counsel in county-lines drug conspiracy. Secured an acquittal after trial where phone/cell-site evidence was of central importance.
R v Johnson
2018
Junior Defence Counsel in successful defence of man charged with manslaughter. The Defendant was involved in a minor altercation with a man with a significant heart condition. Acquittal following trial which focused on complicated medical issues concerning causation.
R v Dalton-Byrne
2018
Junior Prosecution Counsel in stabbing murder where the Defendant was 17. The Defendant was convicted after trial.
R v Baza and Others
2018 and 2019
Junior Prosecution Counsel in 14-handed Maternity Benefit fraud where the amount sought was over GBP 700,000. The initial trial took 3 months and ended in the convictions of 12 of 13 Defendants - the 14th Defendant was severed (due to unforeseen circumstances) and convicted the following year after trial.
R v Potts and Others
2018
Junior Defence Counsel in the trial of various members of a family charged with a variety of serious sexual offences against children both historic and recent. Significant witness handling issues concerning youth and mental disability.
R v Williams
2015
Junior Defence Counsel in murder case which lasted for 6 weeks and involved multiple strands of evidence, including forensic (blood spatter, DNA) and cell-site evidence.
R v Islam
2014
Defence Counsel in rape case where issue was consent. Defendant acquitted unanimously.
R v Huckerby and Daniels
2014
Prosecuting Counsel in GBP 73,000 benefit fraud where issue was whether they were living as husband and wife. Convicted by jury.
R v Ireland
2013
Defence Counsel in rape case where issue was consent. Jury acquitted unanimously.
R v Mann
2013
Junior Defence Counsel in murder case with diminished responsibility defence (voices in the head). Significant and complex bad character issues.
R v Webb
2012
Junior Defence Counsel in two-handed murder case involving mental health issues.
Memberships
Middle Temple
Qualifications
BSc (Hons) Dunelm
GDL (College of Law)
BVC (ICSL)
