Lan Leist KC Criminal Barrister

Year of Call 2009

Kira Chana

Expertise

Kira is regularly instructed in a wide range of criminal defence work from murder to serious drug offences either led or as a junior alone. Her cases have attracted media attention.

Kira’s robust style of advocacy to representing clients, was commented upon by a Judge, who described her closing address to the Jury as ‘one of the best speeches’ he had heard. Her tenacious character, thorough preparation, calm collected approach and formidable cross-examination has resulted in her personal instruction as Junior Counsel on a number of occasions by some of the country’s leading King’s Counsel in multi-handed trials, including Murder.

Her reputation has led her to being instructed as Junior alone in cases such as Manslaughter, Historic Rape and large scale drug offences.

Kira is experienced in representing a wide variety of clients, including those who are vulnerable. Her ability to build a good rapport with clients combined with her forensic yet practical approach to cases has meant that solicitors and clients alike repeatedly instruct her. She has been praised on her conduct, manner, and overall abilities as an advocate. Qualities, which have been acknowledged by Judges before whom she has appeared.

Prior to coming to the Bar, Kira interned for a leading human rights charity, which led to her sole instruction by the family of the first American sentenced to death-row in South-East Asia on a pro-bono basis. She has also worked for a firm of solicitors, where she gained considerable experience of a range of white collar and general criminal matters including fraud, serious violence, drug importation and sexual offences.

Kira is an accredited pupil supervisor.

Areas of Practice

  • General Crime
  • Financial Crime
  • Serious Violence
  • Driving Offences
  • Sexual Offences

Inquiry Instructions

  • Serious Fraud Office
  • Metropolitan Police
  • NCA

Notable Cases

HOMICIDE

R v N (Bradford Crown Court) – Murder
Instructed as Junior to Mr. Courtenay Griffiths KC 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 several 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. (Reported)

R v R (Wood Green Crown Court) Unlawful Act Manslaughter
Prosecuted by Treasury Counsel and instructed as Junior alone the defendant was charged with manslaughter following the death of a victim of a robbery. The case required the instruction of Cardiologists to consider/ challenge the causation of death following the victim suffering a fatal heart attack.

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.

SEXUAL OFFENCES

R v H (Woolwich Crown Court) – Making Indecent Images of Children
Instructed to represent a man of good character who, following police investigation into an IP address accessing indecent images, led to the arrest of the defendant. The images said to have been downloaded consisted of Category A and B, some of which included moving images of young children, including a baby under the age of 6 months.

R v D (Guildford Crown Court) – Causing/inciting a Child under 13 to Engage in Sexual Activity
Instructed to represent a man charged with 53 counts on online child sex offences. The case concerned the defendant setting up a profile on social media platforms which was used to facilitate contact with children whilst posing as a woman. He was said to have pressured the child victims to send him explicit images of themselves. (Reported).

R v S (Snaresbrook Crown Court) – Sexual Assault
The client was charged with sexually assaulting a police officer whilst she was on duty. Following submissions from the defence the indictment with the single count was quashed.

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 one 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 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.

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 I (Birmingham Crown Court) PWITS Class A
Covert surveillance led to the arrest of the defendant who was subsequently found to be housing 3 kilos of Class A (heroin) within his home address and evidence of being concerned in the supply of an additional 5 kilos of Class A because of interrogation of his handset. The case concerned the analysis of telephone evidence, particularly the interpretation of text messages and challenge to the prosecution’s drug expert.

R v F (Southwark Crown Court) – Conspiracy to Supply Class A
Led by Courtenay Griffiths KC 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 ‘masterminds’ 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 indication against Ms. Chana’s client was persuaded to proceed at the criminal standard and where the burden was borne by the prosecution.

R v E (Manchester Crown Court) – Firearms
Instructed to represent a woman of good character who was charged with possession with a firearm with intent. The recovery of the weapon in her bedroom was further to a Class A drugs search for which her nephew was being investigated. It was the defence case that the client had no knowledge of the weapon, and that it had been secreted by her family member who had been actively involved in drugs distribution in the Northwest.

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 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’ fraud 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.

R v C (Wolverhampton Crown Court) Nursing Home Fraud
Instructed to represent an employee within a management role at a nursing home alleged to have stolen money from its residents who lacked capacity. The case concerned analysis of the business and managerial functions and an understanding of CQC and Local Authority appointeeships.

BURGLARY

R v W (Winchester Crown Court) – Conspiracy to Burgle
Ms Chana was instructed to represent a defendant alleged to have taken part in a nation-wide series of burglaries committed against local co-ops to steal monies from SmartCash boxes, alongside ATMs, a vape factory and Boots. The conspiracy was said to have taken place over an 18 month period and included a total of 91 offences. The value of the burglaries alongside the damage caused was just under £1million. (Reported).

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 most 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.

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.

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