Crime Team blog: this week in Chambers

In: Article Published: Friday 21 August 2020

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Nigel Edwards Q.C. leading Nichola Cafferkey and David Nathan Q.C. leading Paul Williams move into a third week of their socially distanced murder trial. Use has been made of CVP allowing witnesses from Spain to be examined and cross-examined over video link ensuring a smooth flow of evidence. The trial has been exemplary and an example of what can be achieved with time, effort and cooperation by all parties including the Prosecution, Defence, the Judge, Court Staff and members of the Jury. In difficult times seeing all parties pulling together to achieve justice should be seen as a pointer as to the way forwards for all. ‚Äč

Sharmila Salvi secured a suspended sentence order for her client who was charged with two street robberies in which a knife was threatened but not produced. The court noted that it’s hands were tied as her client had recently received a similar order for a bladed article at the Magistrates Court where the justices were aware of the robbery matters  

Ravinder Saimbhi conducted her first socially distanced jury trial since March at Guildford CC this week, prosecuting a case of being concerned in the supply of class A drugs. Pleased to report that Guildford CC managed the socially distanced logistics very well and although the building was extremely quiet, it was a pleasure to be back.

Ayesha Smart successfully appeals sentence for Charity prosecuted for food safety and hygiene regulations. North Lincolnshire Council prosecuted Central Community Central Association, a charitable organisation based in Scunthorpe, for 26 contraventions of the EU food safety and hygiene regulations. The offences stemmed from Local Authority inspections of the kitchens which took place between September 2018 and September 2019. The contraventions included 3 separate failures to have a proper HACCP compliant food management system in place, proper ventilation and suitably clean premises. The CCCA were ordered to pay a financial penalty of £26,000 by the lower court earlier year.

On appeal this week at Grimbsy Crown Court AS was successful overturning 4 of those offences and the substantially reducing the financial penalty to £3,600. The drastic reduction  in fine has ensured the charity's longevity and prevented the organisation going bankrupt.

Daniel Walker acted for Defendants, RG and NE, in two separate sentencing hearings this week before the Magistrates’ Court. 

Both Defendants were being considered for driving disqualifications having accumulated 12 penalty points on their respective driving license. 

Following evidence and submissions on the detrimental impact the loss of the driving license would have for each Defendant and their families, the Bench found that both would suffer ‘exceptional hardship’ if disqualified. As a result, both retained their licenses. Mr Walker was instructed by Wayne Horner of Setfords Solicitors.

I am pleased to welcome Ayesha Smart, John-Paul MacNamara & Rehana Popal to the team! 

Please keep an eye on Chambers' social media and website next week for more annoucements! 

Have a great weekend all. 

Jamie