Ylenia Rosso

  • Year of Call 2014

Introduction

Introduction

CRIMINAL PRACTICE

Ylenia regularly defends and prosecutes in the Crown Court, Magistrates' Court and Youth Court.

Ylenia is developing a fraud practice. She has defended and prosecuted in fraud cases. She is currently on a part-time secondment at the Serious Fraud Office. 

Ylenia has been appointed to the Government Legal Department’s Junior Junior Panel of Counsel and is also a member of the CPS Advocate Panel Scheme (level 1).

HUMAN RIGHTS

Ylenia has advised on human rights aspects of prison law and judicial reviews. She is often instructed to represent clients with mental health concerns. She has experience in cases involving serious crime, extradition, appeals, fraud, youths and driving offences.  

CIVIL PRACTICE

Ylenia has advised on matters of jurisdiction in large scale international trade disputes. She is keen on developing a civil fraud practice and has been led on numerous civil fraud cases. Ylenia has also defended and represented claimants in personal injury claims. 

BACKGROUND

Ylenia obtained an LLM in International Human Rights and Humanitarian Law. Accordingly, she advises on points of law relating to Human Rights. Having worked and studied in civil, common law and international jurisdictions, she has a keen interest in cases with an international element.

Ylenia worked for criminal defence solicitors in their appeals and prison law departments, representing prisoners at independent adjudications and advising on points of appeal against conviction and sentence in cases of murder, serious drug and sexual offences, often incorporating Human Rights issues, in particular fair trial rights. 

Ylenia spent time working in The Hague at the Office of the Prosecutor at the International Criminal Tribunal of Former Yugoslavia on the case of Prosecutor v. Radovan Karadžić, who was convicted of genocide. She also worked for the University of Essex Human Rights Clinic as a legal researcher investigating international corporate accountability for human rights abuses.

Ylenia also spent time teaching prisoners at HMP Pentonville. This experience developed an interest in prison law matters and gave her a special understanding of the needs of those in custody; and knowledge of prison procedures, rules and bodies.

Qualifications

Qualifications

BPTC (College of Law)

GDL (BPP Law School)

LLM 'International Human Rights and Humanitarian Law" (University of Essex)

LLB  (Hons.) 'Laws with International Relations' (University of Malta)

B. European Studies with Anthropology (Hons.) (University of Malta with exchange at University of Bologna)

Memberships

Memberships

Criminal Bar Association

The Honourable Society of Gray's Inn

Defence Extradition Lawyers' Forum 

Bar Human Rights Committee 

Association of Personal Injury Lawyers 

Languages

Languages

Maltese (fluent)

Italian (fluent) 

Notable Cases

Notable Cases

Trials

R v S, Willesden MC, (2019)

The Crown wished to try D in his absence. However, the case was dismissed following a successful argument to exclude all evidence by way of s.78 PACE on the basis that (a) the Crown had failed in their disclosure obligations, (b) the Crown wished to rely on streamlined forensic evidence that was not CrimPR compliant and (c) all trials must be fair irrelevant of D’s presence.

R v B, Basildon MC (2019)

 Not guilty verdict in a case of possession of a bladed article. The Crown relied upon evidence of one witness supported by CCTV. 

 R v J Wimbledon MC (2019)

Not guilty verdict secured despite all of the Crown’s evidence being agreed in a s.9 theft trial.

R v L, Sevenoaks MC, 2018

Successfully defended in a case of 2 x assault by beating (aggravated by a dog used as a weapon). One charge was dismissed at half-time after cross-examination of an ex-police officer (the complainant) and D was acquitted of the other charge.

R v P, Bexley MC, (2018)

Not guilty verdicts secured in 5 charges including: 2 x Criminal damage; 2 x Assault PC and failure to provide a specimen of breath. The Crown relied on CCTV that would have been incriminating, but for officers not acting in the course of their duties. Successfully established unlawful police detention necessitating D’s use of force. 

Appeals

R v E, Canterbury CC, (2018) 

Successful variation of a SOPO to enable the applicant to use the internet at work and to end the life-span of the indefinite order to expire 3 years and 7 months after the variation.

R v P, Woolwich CC, (2018) 

D was sentenced to a Suspended Sentence Order and a 24-month period of disqualification. This period was reduced to 7 months on appeal despite D having 31 driving convictions, 4 dangerous driving convictions and already in breach of a driving ban.

 R v K, Southwark CC (2018) 

D was given a 31-month custodial sentence for multiple thefts, FTAs and breach SSO, where D had a severe drug addiction. Upon being granted leave to appeal out of time, successfully argued for a Drug Rehabilitation Order assessment. 

Newton Hearing

R v M, Hendon MC, (2019)

Successful defence in a PWITS class A case, following cross-examination of an expert witness who valued drugs (found on D’s person) at over £7,000. The Crown alleged D supplied on a commercial basis and played a ‘significant role’. D pleaded to a ‘lesser role’ on the basis that the drugs cost £2,000 and were sold to friends at no personal profit. D’s account was accepted and custody was avoided.

 Sentences

 R v R, Isleworth CC, (2019)

 Secured a 21-month sentence with a Criminal Behaviour Order for D, who pleaded guilty to PWITS Class A at his penultimate opportunity where the starting point was 3-years. 

R v J, Harrow CC, (2018)

18-month custodial sentence suspended for 24 months with 25 RAR days and a 3-month curfew for a 19-year old who pleaded guilty to dangerous driving and causing injury to an elderly woman, possession of a knife, possession of cannabis, driving without insurance and failing to stop.

R v R, Thames MC, (2018)

12-month conditional discharge for a man found with 14 snap-bags of cannabis on his person. D had similar previous convictions. 

 Youth Court

R v J, Uxbridge YC, (2018) 

Case dismissed after a successful application of ‘no case to answer’ argued on the basis of mistaken identity. 

R v F, Stevenage YC, (2018) 

Persuaded the Crown to withdraw charge against a youth on the grounds that it was not in the public interest to pursue proceedings. 

R v S, Medway YC, (2018)

Secured a Youth Rehabilitation Order with an unpaid work requirement where the Crown requested a custodial sentence in a case of 2 x violent assault PCs and threatening / abusive behaviour with intent. The case was aggravated by D’s intoxication and previous conviction.

Bail

R v D, Basingstoke MC, (2018)

Bail secured for a young adult caught red handed with 26Kgs of cocaine, on the basis that case law establishes that the seriousness of the charge alone cannot necessitate a remand in custody. Decision confirmed on appeal. 

 Extradition

Romania v D, Westminster MC, (2019)

Extradition discharged on the grounds of Article 8 and children’s best interests.

Testimonials

Testimonials

Ylenia is personable and empathetic but robust in court. She has received positive endorsements from judges and solicitors alike. Lay and professional clients have commended her for her high standard of client care, legal acumen, tenacity in court, persuasive skills and for gaining the trust of vulnerable clients.  

Seminars

Seminars

Ylenia has a strong relationship with the British Institute of International and Comparative Law through which she has trained foreign prosecutors on matters of pre-trial conferencing, witness care and ethics.