Malcolm Galloway
DOB: 06/01/67
Called: 1992
Email: malcolmgalloway@colletonchambers.co.uk
Practice
Malcolm has a 100% criminal practice which encompasses the whole spectrum of criminal work including regulatory crime.
When appointed in 2005 he was one of the youngest Grade 4 prosecutors on the Western Circuit. He has appeared without a leader against leading counsel and has led junior counsel in appropriate cases. He frequently appears for the prosecution in multi-handed prosecutions and for the defence in complex and serious cases.
Malcolm has developed a specialist interest and expertise in regulatory work covering most particularly all aspects of environmental law, health and safety regulations and Trading Standards offences.
Malcolm is a qualified pupil master and takes an active role in the training of junior barristers.
Criminal Regulatory Law
In criminal health and safety Malcolm has defended a number of individuals and companies. He has been involved in a number of serious injury and fatality cases up to and including allegations of Manslaughter.
In his Environmental practice he represents both regulatory agencies and defendants in a wide area ranging from pollution control, waste regulation and management to water quality. He recently represented the Environment Agency in the largest successful confiscation proceedings under the Proceeds of Crime Act 2002 for offences under the Environmental Protection Act (£1.4 million).
He has been instructed by a number of supermarkets and high street chains, including Sainsbury PLC, Lidl UK and Floors-2-Go in Trading Standards and planning prosecutions.
Appellate Courts
Malcolm has appeared frequently in the Court of Appeal, Divisional Court and the Administrative Court and has a number of cited cases including guidelines cases.
Reported Cases and Links
EA v Craxford
(Exeter Crown Court 31st January 2008)
http://news.bbc.co.uk/1/hi/england/devon/7220785.stm
EA v Cox and Gait
(Exeter Crown Court 14th December 2007)
http://www.environment-agency.gov.uk/news/1931357?lang=_e®ion=South%20West%20Region
R v Harrison
(Exeter Crown Court 8th Novermber 2006)
http://www.bailii.org/ew/cases/EWCA/Crim/2007/2976.html
http://news.bbc.co.uk/1/hi/england/bristol/3174203.stm
North Somerset v Floors-2-Go
(Western Magistrates Court 8th June 2007)
http://www.n-somerset.gov.uk/Business/news-20070613-advertprosecution.htm?_Category=5
R v S (2006) EWCA Crim 756
Guidance Case on the principles to be adopted in abuse of process applications due to delay. (Represented CPS)
R v Wisniewski (2004) EWCA Crim 3361
Sentencing Councils guideline case on sentencing approach to offences of Assault with intent to commit a sexual offence S.62 Sexual Offences Act 2003. (Represented defendant)
DPP v Barker (2004) EWHC 2502 (Admin)
Case Stated on burden of proof upon a defendant to show compliance with driving licence conditions. (Represented DPP).
Attorney - General's Reference (No. 67 of 2004) (2004) EWCA Crim 2863
Unduly lenient sentence relating to Indecency with a child. (Represented defendant).
R v Broadhouse (2005)
Appropriate sentence for breaching a sex offender order (Represented CPS).
Attorney-General's Reference (No 37, 38, 44, 54, 51, 53, 35, 40, 43, 45, 41 & 42 of 2003) (2004) 1 Cr App R (S) 84
Guideline case on sexual offences: Rape, Buggery and Indecent Assault. (Representing defendant).
B v Chief Constable of the Avon & Somerset Constabulary (2001) 1 All ER 562 Leading case.
Division Court decision on all aspects of Sex Offenders Orders. (Representing B).
O v DPP (1999)
Final case on Doli Incapax and rebuttal evidence. (Representing O).