Member of Chambers Profile

Toby Fitzgerald

Year of Call: 1993

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Email: TFitzgerald@2hb.co.uk TFitzgerald@2hb.co.uk.cjsm.net

Toby has extensive experience in all areas of criminal law, and he specialises in two particular areas: serious sexual offences (often serial offences) and fraud. He has over many years both prosecuted and defended in these areas. He often acts as leading counsel in lengthy and complex cases that include multiple defendants and have very large volumes of material to consider. He is also frequently asked to advise in relation to issues of Public Interest Immunity and third party disclosure.


Some of Toby’s most recent notable cases have been:

• R. v. F and 10 others (as leading counsel) (2012) Prosecution of a very large scale conspiracy to steal underground copper-cable belonging to British Telecom.
• R. v. R (2012) prosecution of a General Practitioner who had indecently assaulted 9 female patients over a period of 8 years.
• R. v. E and A (2012) Prosecution of defendants engaged in the planned rape and robbery of a number of prostitutes.
• R. v. M and H (as leading counsel) (2011) Prosecution of a brother and sister charged with the rape and sexual assault of two siblings in the 1970s and 1980s.
• R. v S (as leading counsel) (2010): Prosecution of a mortgage fraud, trial scheduled to last 6 weeks.
• R. v. A (as leading counsel) (2010): Case involving a professional carer alleged to have had sexual intercourse with a 15 year old boy in his charge.
• R. v. S and 3 others (2010): Prosecution of a case of multi-million pound money laundering and fraud.
• R. v. O and I (2010): Prosecution of a conspiracy to defraud a London Borough council over a three year period by submitting invoices for building works not carried out.
• R. v. K (2010): Prosecution of a serial rapist (4 victims).
• R. v. P and 2 others (as leading counsel) (2009): Child cruelty case lasting 7 weeks, in which the conduct concerned took place over 4 years.
• R. v. C (2009) Case involving a minicab driver who on separate occasions raped two young men having picked them up outside Heaven nightclub.
• R. v. N (2009) Case of conspiracy to defraud using ‘ghost employees’.
• R. v. R and A (as junior counsel) (2009) 3 month case of murder within the Sri Lankan community in East London.


Toby has in the past also been involved in other notable cases:

• R. v. F and 3 others (as leading counsel) (2009) Case of the kidnap, serious assault and blackmail of a man in his early twenties.
• R. v. G and K (2008): Defence post-arrest advice in a case where two men were arrested for rape of another much younger man. (Case not proceeded with).
• R v. A and 11 others (as leading counsel) (2008) Prosecution of a group attack on the victim’s home where the victim was repeatedly stabbed.
• R. v. S and 2 others (2007): Case involving a conspiracy to defraud a major credit card company by employees ordering hundreds of thousands of pounds of electrical goods.
• R. v. B (2007): Defence of man charged with sexual activity with a child.
• R. v. O (2007): Prosecution of a shoe fetishist who stole shoes from women as they wore them.
• R. v. S (as leading counsel) (2007): Prosecution of a convicted murderer for the alleged sexual abuse of his step children some 16 years earlier.
• R. v. N (2006): Case involving a serial rapist (3 victims).
• R. v. B (as leading counsel) (2004): Prosecution of a man for the alleged rape of his wife over a twenty year period.
• R. v. C and B (as leading counsel) (2003): Prosecution of a series of 16 robberies of shops and individuals.
• R. v. M (1995): Prosecution of a dishonest attempt to claim the jackpot on the first ever National Lottery.