Barristers

Cases of Interest

Attorney-General's Reference - Court of Appeal, October 2011. Elizabeth Smaller appeared in the Court of Appeal to resist the Attorney-General's application to increase the sentence of Farhan Ahmed - convicted of the rape of a 64 year old widow in her own home, along with other sexual offences. The Attorney-General sought to appeal on the basis that the original sentence was unduly lenient. In his judgment, the Lord Chief Justice indicated that the Court was 'grateful' to Elizabeth Smaller for her 'particularly carefully crafted submissions, presented with great care and particular attention to detail'. The decision of the Court was that this was a particularly serious and unpleasant offence and the original sentencing Judge had passed a sentence which was unduly lenient. The Court increased the minimum fixed term of Mr Ahmed's Detention for Public Protection by one year.

R v. DG -  Reading Crown Court, June 2010. Defending in a 6 week trial concerning allegations of serious sexual and physical abuse which dated back to the 1960's and centered around a children's home run by a local authority. The Prosecution alleged that the children's home was the centre of a paedophile ring and that the defendant was a visitor to the home and a participant in the abuse. The issue for the jury was whether this defendant had been an abuser or, as he told the police, a young well meaning visitor to the home at the time, who had made an effort to contribute to society, unaware of the terrible incidents which occurred at the hands of others. The defendant faced a 17 count indictment at the start of the trial. The jury took just under a week to reach their not guilty verdicts. At the end of the trial  the defendant was acquitted on all counts. (Led by Johannah Cutts QC, also at 9-12 Bell Yard).

R v. SJ - Wood Green Crown Court, Oct 2009. Defendant charged with multiple sexual offences against four family members historic and current allegations, including a 6-year-old witness, and arguments regarding witness competence and dismissal.

R v. KC - Central Criminal Court, Sept 2009. Defending a 30-year-old female defendant charged with the attempted murder of a 15-year old-boy.

R v. SM - Isleworth Crown Court, August 2009. Defending. Male charged with several counts of arson and arson with intent to endanger life, having set fire to a vehicle during the night and allegedly pushed it up against a block of flats where people were sleeping.

R v. MN - Kingston Crown Court, March 2009. Defending a defendant accused of 12 rapes and sexual offences on a number of complainants, including breaking into the victims' premises at night and committing acts of rape at knife point.

R v. ST - St Albans Crown Court, February 2009. Defending a 37-year-old woman accused of shaking her six-month-old baby causing serious subdural and retinal haemorrhaging, encephalopathy and other injuries. Involved meetings with, and the cross-examination of, consultants of paediatrics, paediatric neurology, neuro-surgery, neuro-radiology, and paediatric ophthalmology.

R v. RM - Kingston Crown Court, November 2008. Defendant accused of a quarter of a million pound VAT fraud, plus numerous allegations of running a business whilst disqualified from doing so. Involved the instruction of a forensic expert accountant.

R v. MA - Inner London Crown Court, November 2008. Prosecution of a 15-year-old young male for 'stranger rapes' of two young girls and associated sexual offences. Case dealt with vulnerable witnesses and expert DNA evidence.

R v. AW - Snaresbrook Crown Court, July 2008. Defending a 15-year-old male charged with the stabbing of two other boys of similar age outside an east London school at home time, causing life threatening injuries.

R v. HD and two others - Lewes Crown Court, May 2007. Defending one of three defendants charged with attempted murder, armed robbery, inflicting grievous bodily harm with intent, and firearms offences following the armed robbery of a post office involving the discharge of a sawn-off shot gun causing serious injury.

R v. CS (a youth), September 2006. Defended an 11-year-old boy against an allegation that he had sexually assaulted a 5-year-old boy. Involving issues of witness competence, exclusion of evidence, abuse of process. Case stopped after defence submissions at the close of the prosecution case. Defendant acquitted.

R v. JW and two others - Inner London Crown Court, January 2006. Defending one of three defendants accused of false imprisonment and sexual assaults inflicted by using weapons, and the humiliation and bullying of a young victim over a sustained period of time.

R v. C - Ipswich Crown Court, September 2005. Defending an allegation of rape involving cross-examination of an adult female complainant with substantial learning difficulties rendering her functioning abilities to that of someone much below her age.