Profile
AREAS OF PRACTICE
Having spent several years working for a firm of solicitors in South Yorkshire, Robert Smith undertook a successful pupillage under Jaime Hamilton in 2006. Following the acceptance of a tenancy within chambers, he has developed a successful practice specialising in crime. Mr Smith undertakes work for both prosecution and the defence, from the magistrates court all the way through to the Court of Appeal.
He has appeared on behalf of defendants facing trial in respect of a wide range of offences including child abduction, sexual assault and serious drugs offences. He has prosecuted numerous Crown Court trials, including offences of perverting the course of justice, assault and fraud.
ROAD TRAFFIC DEFENCE
One area in which Mr Smith has built up considerable experience is road traffic defence work. Within this specialist field, Mr Smith has received regular instructions to represent clients facing various types of proceedings, including:
• allegations of careless / dangerous driving
• “totting” cases involving submissions of
exceptional hardship
• special reasons applications
• s 172 prosecutions
• mobile telephone prosecutions
PROCEEDS OF CRIME
Mr Smith has been instructed to both prosecute and defend in a wide variety of matters involving the Proceeds of Crime Act 2002. He recently defended a convicted drug supplier who faced confiscation proceedings in which the assets included a mansion in Nigeria and numerous UK bank accounts. He regularly prosecutes on behalf of bodies such as the CPS central confiscation unit, SOCA and the HMRC in cash forfeiture and enforcement hearings. A recent enforcement application he undertook resulted in the defendant receiving a six-year sentence in default at Bolton Magistrates Court.
LICENSING
Robert Smith has built up experience in the area of licensing law and has appeared on behalf of the Greater Manchester Police in relation to a number of licensing applications before the local authority panel. Recently, Mr Smith successfully appeared on behalf of the Greater Manchester Police in a contested application for a closure order in relation to a number of licensed premises proximate to Old Trafford football stadium, prior to the Manchester United Vs Liverpool FA cup match. The making of the closure order subsequently received a high degree of press attention. He has also prosecuted and defended in taxi driver licence appeals.
ADDITIONAL INFORMATION
In addition to dealing with instructions in criminal cases, he has also gained considerable experience in other areas of quasi-criminal proceedings. Mr Smith has received instructions in relation to anti social behaviour order applications, closure orders (crack-house closures), football banning orders and public interest immunity hearings.
He has represented companies facing a variety of prosecutions, including representing one of the largest national window glazing companies in the UK who were charged with environmental offences, and companies charged with planning offences. Mr Smith is keen to encourage widespread access to the profession. Whilst at University he won the Herbert Smith mooting competition, judged by the late Lord Slynn and also the University of Bristol Debating Society public speaking competition. As a result, in recent years he has enjoyed assisting with local schools and colleges in the National Bar Mock Trial Competition. He has also assisted in judging the mooting competitions held at the University of Manchester.
NOTABLE CASES
• R – v- Amos and Ors
Led defence junior in a 6-month trial at Liverpool Crown Court involving gangland murders, firearms and drugs.
• R –v- A Defence of a man charged with sexual assault of a 14 year old schoolgirl. Defence bad character application made in relation to previous conduct of the prosecution witnesses. Acquitted
after trial.
• R – v – Kirkham Prosecution of defendant who had threatened and assaulted both of his parents with a knife. Both of the main prosecution witnesses had to be treated as hostile due to their refusal to give
evidence. The defendant was convicted.
• R –v- Bownas Topley and Ors Represented defendant charged with serious affray inside a licensed premises, in which a member of the public sustained serious injuries. The court was persuaded to impose a conditional discharge.
