Thom has a specialist appellate practice, advising and representing clients where he was not instructed at first instance. Thom has extensive expertise in cases where fresh evidence emerges post-conviction, or where advances in forensic science subsequently cast doubt on evidence relied upon at trial.
He has appeared in the both the Criminal and Civil Division of the Court of Appeal, as well as the Divisional Court, in appeals against conviction, sentence, and confiscation orders, as well as making applications to the CCRC in cases where there has been a previous unsuccessful appeal.
Thom has a successful track record of appealing against sentences of Imprisonment for Public Protection (IPP) and represented one of the appellants in the leading case of R v Roberts & Others [2016] 1 WLR 3249, heard before the Lord Chief Justice and a specially convened Court of Appeal.
Notable Cases
Crown Prosecution Service v SP [2023] EWHC 3239 (KB)
Successful appeal against the grant of bail to a highly dangerous predatory sexual offender.
R v Dunn and King [2021] EWCA Crim 439
Led prosecution junior in appeals against conviction and sentence by members of an organised crime group involved in the trafficking of Vietnamese youths across the English Channel. Convictions and sentences upheld by the court.
R v Pista and others [2020] 1 Cr App R (S) 38
Appeal against sentence by four members of an Albanian organised crime group responsible for supplying £6.2m of cocaine.
R v Soloman [2019] EWCA Crim 1356
Successfully resisted appeals against conviction and sentence for possession of firearms with intent to endanger life. The appeal concerned the admissibility of bad character evidence in the form of rap lyrics and a previous forensic link to illegal firearms where no prosecution had resulted.
R v Manders [2018] 1 Cr App R (S) 11
Appeal against a mandatory minimum five-year sentence, imposed under firearms legislation for possession of a stun gun disguised as an iPhone. The court praised Thom's "clear and focused submissions".
R v Ward [2018] EWCA Crim 1464
Appeal in a case involving a novel point of law regarding the admissibility of an alleged confession made to an Appropriate Adult by a detainee whilst in custody.
R v Phillips [2017] EWCA Crim 624
Successful appeal against a sentence of IPP, brought eight years after the sentence was imposed.
R v Roberts & Others [2016] 1 WLR 3249; [2016] 2 Cr App R (S) 14
Represented one of the appellants in a conjoined appeal before the Lord Chief Justice and a specially convened Court of Appeal to provide guidance as IPP appeals.
R v D [2015] 1 Cr App R (S) 23
Appeared for the appellant who had received an extended sentence of 19 years' imprisonment for child sex offences. The appeal raised a novel point as to whether a sentencing judge had inherent jurisdiction to vary a sentence outside of the time limit imposed under section 155 of the Powers of Criminal Courts (Sentencing) Act 2000.
R v Lewis [2014] 1 WLR 2027; [2014] 1 Cr App R 25
Appeal against conviction based on a point of jurisdiction under section 40 of the Criminal Justice Act 1988. The Court of Appeal noted in their judgment, "Mr Dyke has argued that dry issue of law on paper and orally with fortitude and skill".
Attorney General's Reference No. 80 of 2013 [2014] EWCA Crim 342
Appeared for the respondent in an appeal brought by the Attorney General in the case of an offender convicted of multiple counts of extremely serious sexual assaults against his stepdaughter.