Robert Smith

Robert Smith

Year of call:

2005, Gray's Inn

Contact:

Robert Smith

Education:

LLB, University of Bristol (2002)

Robert Smith took up tenancy in chambers following completion of his pupillage in 2007. He appears for both defence and prosecution in the Crown Court. He is instructed as a Category 3 prosecutor for the Crown Prosecution Service. He is regularly instructed in forfeiture proceedings in courts at all levels. He has also represented local authorities in respect of planning offences and breach of enforcement notices.

Robert is also regularly instructed by the police in respect of civil applications for renewal/ revocation of firearms certificates, reviews of liquor licences, football banning orders and gang injunctions.

He has been instructed in numerous cases for local authorities and other public bodies in respect of review of material subject to public interest immunity, including advising and representing an NHS authority in a large, multi handed child grooming case at Liverpool Crown Court.

He was instructed by Greater Manchester Police as special counsel in a case where computer material, some subject to legal professional privilege, had been seized during the investigation of a large scale fraud.

Robert Smith also represents private clients in motoring matters, including for careless and dangerous driving and section 172 prosecutions. He has represented private companies in respect of health and safety matters, including advising and representing a renowned national double glazing company charged with environmental offences.

Outside of the sphere of criminal work, Mr Smith has experience of inquests, including a multiweek inquest at Stockport Coroners Court, representing an NHS trust. He has also appeared in the family court on disclosure applications.

NOTABLE CASES

FRAUD / PROCEEDS OF CRIME

• R -v- DM 2016 Bristol Crown Court Advised and represent female defendant in multi handed, paper heavy money laundering trial arising out of a nationwide drugs conspiracy. Successful application made to exclude evidence in relation the original conspiracy, leading to the defendant’s acquittal.

• R -v- HF 2014 Manchester Crown Court Successfully advised and represented defendant in application to seize his family home under the Terrorism Act 2000. Read the press report at http://www.bbc.co.uk/news/uk-england-manchester-27540945.

• R -v- B 2014 Manchester Crown Court Led junior for the defendant, charged with her husband in respect of complex and paper heavy, large scale fraud of the NHS. Successful abuse of process application regarding material nondisclosure by the Crown led to case being stayed.

• R -v- A and A 2014 Minshull Street Crown Court Appeared as led junior for the prosecution of a successful application under the Proceeds of Crime Act 2002. Crown successfully sought to recover benefits obtained by the defendants through their use of a vulnerable victim as forced labour. Read the press report at www.bbc.co.uk/news/uk-england-manchester-29559771.

SEXUAL OFFENCES

• R-v-W 2016 Preston Crown Court Instructed to prosecute defendant charged with multiple counts of rape

• R -v- R 2016 Preston Crown Court Advised and represented female defendant accused of facilitating a sexual assault by another.

• R-v-A 2013 Minshull Street Crown Court Led junior prosecuting defendant, charged with multiple counts of rape against a victim who was both deaf and without speech. Victim had been trafficked into the UK from abroad. Read the press report at www.independent.co.uk/news/uk/crime/pensioner-ilyas-ashar-sentenced-to-13-years-in-jailfor-raping-deaf-and-mute-girl-trafficked-to-uk-8884843.html".

• R -v- Warburton 2012 Court of Appeal Advised and represented prosecution in respect of an appeal against a SOPO. Consideration of R-vSmith

DRUGS OFFENCES

• R -v- S 2015 Liverpool Crown Court Advised and represented female defendant of good character in a ten-handed, paper heavy case concerning drugs offences under the Serious Crime Act 2007. Submissions made regarding disclosure issues 3 weeks into the trial. Indictment stayed.

• R – v- A 2009 Liverpool Crown Court Led defence junior in a 6-month muti handed trial. Defendant was charged with supplying drugs and firearms. Case also involved allegations of murder in the context of organised gang activity in South Manchester. Read the press report at www.theguardian.com/uk/2009/apr/07/gooch-gang-manchester-violence.

VIOLENCE

• R -v- A 2015 Minshull Street Crown Court Advised and represented defendant charged with section 18 assault with a machete.

• R-v-B 2015 Lancaster Crown Court Successful prosecution of section 18. Stabbing on the streets of Morecambe

• R -v-I 2014 Preston Crown Court Successful defence of defendant charged with committing section 18 assault with a hammer, having already pleaded guilty to a section 18 on a different complainant on the same evening.

• R -v W 2013 Preston Crown Court Successful prosecution of defendant charged with hammer attack in family home. Extended sentence imposed on conviction.

• R-v-W 2011 Preston Crown Court Successful defence of defendant charged with wounding using a broken vodka bottle. Defence of self defence

Specialist Areas of Practice:

Criminal

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