Notable Cases
R v N (Bradford Crown Court) – Murder
Instructed as Junior to Mr. Countenay Griffiths QC in a 3 month murder trial for the first defendant. The client, alongside his 4 brothers was charged with the murder of his cousin following long-standing familial breakdown. The ca concerned extensive cross examination of a number of witnesses, including experts about sustained defensive injuries to the defendant. The case was reported nationally, including the BBC and Daily Mail.
R v A (Birmingham Crown Court) – Attempt Murder
Instructed as Junior Counsel in a 3 month attempted murder trial which concerned two incidents separated by two years. The incident concerned a targeted group attack of two victims, resulting in one of the victim’s fingers being severed.
DEATH BY DRIVING
R v U (Central Criminal Court) – Death by Driving
Ms. Chana secured an acquittal following a week long trial at the Old Bailey, involving cross examination of prosecution collision experts. The Crown had contended that her client had been speeding, and failed to notice a pedestrian whilst driving in the E1 area, resulting in a fatal collision. Ms Chana, through her cross examination and analysis of the case in her closing speech outlined that the combination of various factors, including clothing; time of night; reflectivity meant the incident was a genuine accident and not the result of criminality. The jury acquitted Ms Chana’s client after 5 hours of deliberation. Reported.
R v S (Winchester Crown Court) – Death by Driving
Instructed to represent a defendant for sentencing following his early guilty plea to causing death by dangerous driving, Ms. Chana, was able to mitigate on behalf of her client, resulting in a sentence of 5 years, where the Judge had considered the starting point, owing to the aggravating features to be 9 years custody. The Judge had considered the offence to be within the highest category of such offences, which ordinarily sees a starting point of 8 years immediate custody. The tragic case required Counsel who was tactful and sympathetic. It was these traits that lead to her instruction for sentence. The case has been reported in the local
press.
PEOPLE TRAFFICKING
R v I (Canterbury Crown Court)
Instructed the day before trial in a conspiracy to assist unlawful immigration where Ms Chana’s client was said to have booked flight and ferry tickets for those facilitating the illegal immigration of individuals, including a 4 year old from Albania. These migrants were found in a secreted compartment of a van which was stopped by UKBA. Ms Chana’s client was found Not Guilty. OFFENCES AGAINST THE PERSON
R v P (Southwark Crown Court) – Kidnap
A 2 month trial, where a group, two of whom were serving prisoners had organised the kidnap of a man by whom money had been owed. Ms Chana’s client, having been on of those in custody was said to be the recruiter of the team on the ‘outside’, and later made demand calls for money. These calls, unbeknownst by him, had been recorded by the police, and captured further threats made to the victim’s family and their home address.
R v F (Snaresbrook Crown Court) – Wounding with Intent, S.18
Ms. Chana represented a young defendant in a trial consisting of a 4-handed attempt murder/wounding enterprise. The case concerned consideration of telephone evidence, and careful analysis of CCTV footage which was central to the case.
R v V-T (Maidstone Crown Court) – Grievous Bodily Harm with Intent, S.18
A defendant alleged to have struck the complainant with a metal pole, and subsequently charged with S.18 GBH and S.20 was acquitted following arguments presented by Miss Chana surrounding the admissibility of identification evidence. Arguments were presented concerning the contamination of the evidence following witnesses formally identifying the defendant subsequent to a ‘Facebook’ search.
R v G (Maidstone Crown Court) – Offences Against a Person
An acquittal secured for a defendant of good character following a 10 day trial. Subsequent to a successful submission that there was no case to answer on a count relating to an alleged assault; the Jury returned a verdict of Not Guilty, on the remaining count of affray.(Reported
in media).
R v P (Blackfriars Crown Court) – Grievous Bodily Harm with Intent (S.18)
Ms. Chana represented this defendant who was alleged to have assaulted a vulnerable victim causing 2 bleeds to the brain; fracturing his cheekbone and jaw. Following a late plea entered on the first day of trial, Ms. C persuaded the Judge to release her client on bail for two weeks to enable him to get his affairs in order, in a case which was considered and conceded by the defence to be a category 1 offence, where the starting point is 12 years custody. At sentencing, Ms. Chana persuaded the Judge to afford the defendant with 20% credit (significantly more than the 10% usually granted for late pleas). Her presentation of
mitigation resulted in the Judge reducing the starting point to 10 years imprisonment, reduced to 8 years following his discount.
ARSON
R v G (Croydon Crown Court) – Arson
Ms. Chana represented a vulnerable client, who has battling drug addiction, and various other trauma, which resulted in her client entering a downward spiral, resulting in her being indicted for arson. Despite the emotional and mental challenges which Ms Chana had to assist her client through, who was remanded in custody for 6 months pending trial, Ms Chana, successfully guided her client through the trial process, and successfully secured Not Guilty verdicts in all counts following a full day of legal argument, resulting in the Prosecution offering No Evidence as a result of Ms. Chana’s submissions.
DRUGS
R v F (Southwark Crown Court) – Conspiracy to Supply Class A
Led by Courtenay Griffiths QC in a 21 day multi-million Pound conspiracy to supply cocaine. The trial, in which Ms Chana’s client was suggested to have been one of the so- called ‘master-minds’ of the operation involved scrutiny of covert surveillance; telephone cell- site and forensic evidence relied upon by the prosecution.
R v M (Kingston Crown Court) – Conspiracy to Supply Class A
A substantial investigation led to the arrest of 3 individuals concerned in the supply of 64kg of cocaine, with a street value of £6.4million. Searches of relevant properties also lead to the discovery of ammunition and machine guns. Ms Chana, during a 9 day trial represented a client who was the sole defendant to contest the drugs matter. He was linked to the two who had pleaded guilty by telephone attribution. Ms Chana’s knowledge of cell-site and DN allowed for her to successfully cross examine the officer in the case. (Reported).
FIREARMS
R v A (Kingston Crown Court) – Firearms
Ms Chana represented a young defendant who had already pleaded guilty to possession of a disguised firearm. The Judge had previously indicated that the issue of whether the Court ought to exercise its discretion over mandatory sentencing required a further hearing by way of a Newton. The Judge and the prosecutor indicated they were both of the view it ought to be a ‘guppy hearing’. Such a hearing requires the defendant to produce evidence and it is up to
him to satisfy the Court at the civil standard. Ms Chana made forceful representations that this was not the appropriate course. Her persuasive submissions were successful. The Judge who had previously provided an indicated against Ms. Chana’s client was persuaded to proceed at the criminal standard and where the burden was borne by the prosecution.
FRAUD/MONEY LAUNDERING
R v S (Wood Green Crown Court) – International Fraud
Instructed as junior Counsel in a cross-jurisdictional multi-million-pound fraud. One count of the ‘sophisticated’ fraud saw payment systems of an international pharmaceutical company compromised resulting in a loss of millions. The 6-week contested trial required the analysis of of thousands of pages of evidence which totalled over 40,000 pages. Close examination was required of the exhibits seized in this case, including mobile telephones, laptops and
banking documentation. The case received international media coverage.
R v P (Inner London Crown Court) – Fraud
Ms Chana successfully secured an acquittal after 30 minutes of Jury deliberation, for her client who stood trial for money laundering alongside one other who was convicted. The index offence concerned a ‘boiler room’ fra whereby victims were defrauded of monies culminating into several hundred thousand pounds. A fraction of money was then said to have been laundered through the bank account of Ms Chana’s client. Her skilful presentation of the evidence resulted in the jury returning verdicts of Not Guilty within 30 minutes.
BURGLARY
R v M (Southwark Crown Court) – Aggravated Burglary
Ms. Chana was instructed on the eve of the trial to represent a client who had been recalled on a life-licence due to this allegation. Despite the majority of the Prosecution evidence being unchallenged by the defence, Ms. Chana successfully pointed to the weaknesses in the Prosecution case in her closing speech, resulting in the Jury finding her client Not Guilty after just 2 hours of deliberation. Due to the not guilty verdict, Ms. Chana’s client is now able to make an application for release to the parole board.
R v K (Kingston Crown Court) – Conspiracy to commit Aggravated Burglary
Ms. Chana was instructed on the first day of trial in a 5-handed case, whereby the client was the lead organiser of an aggravated burglary, where a shot-gun was used to threaten the victims and a discharged within the property. Ms Chana was brought into the case specifically to analyse the telephone data, which was being used by the Prosecution to establish a connection between all defendants, and, further highlight movements on the day in question. Central to the case for the defence was to rebut the suggestions made by the Crown by the consideration of over 49,000 pages of telephone data. Ms. Chana was able to identify commonalities of cell-sites on dates outside of the indictment period, in order to show that presence in the vicinity was not a an unusual occurrence. The client was found Not Guilty by the Jury after a 5 week trial.
R v L (St Albans Crown Court) – Burglary
This case concerned recognition evidence of 3 police officers, who after being shown CCTV stills and image purported to recognise a suspect as the perpetrator of a burglary. Miss Chana, who was instructed prior to tri identified that all three officers had failed to comply with PACE Code D. This stipulates mandatory considerations which have to take place during an identification procedure. On the day of trial, Ms. Chana made a s.78 argument to exclude this evidence on the police failings to comply. She distinguished authorities, such as the R v Smith, on the basis that no other evidence was available to the Crown in the instant case to support the proposition that the suspect was in fact her client. She submitted that the disregard of the code of practice limited the ability to test the evidence. The Judge agreed, and accordingly the evidence was excluded. The crown, were in the unfavourable position of having to offer no evidence, and Ms Chana’s
client, who had spent 7 months on remand, was released once a Not Guilty verdict was returned.
ESCAPE FROM CUSTODY
R v C (St. Albans Crown Court) – Escape from Custody
Ms. Chana was instructed to represent an escaped prisoner, who had been at large for 2 months prior to surrendering himself to the police. She, through submissions distinguished her client’s actions from those from authorities, arguing that a shorter sentence should be passed due to the absence of numerous aggravating factors. Reported.
DRIVING
R v B (Guildford Crown Court) – Dangerous Driving
Following a guilty plea entered in the Magistrates Court to dangerous driving, the case was committed to the Crown Court for sentencing, where he was represented by Ms. Chana. The defendant; whilst on a motor-bike performed wheelies the M25 during rush-hour as well as undertaking and overtaking vehicles. Ms Chana success persuaded the Judge to suspend a custodial sentence (Reported).
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