Justitia CHAMBERS

Notable Criminal Cases

 

R v CW - Reading Crown Court (November 23)

Client charged with 2 counts of Intentional Strangulation and 2 counts of Assault by Beating was sentenced in the Crown Court, following a trial in Reading Magistrates Court.  Non-Fatal Strangulation is a relatively new offence introduced under the Domestic Abuse Act 2021 which came into force on 7th June 2023.  Following the Court of Appeal cases in R v Cook and R v Yorke, sentencing non-fatal strangulation cases remains complex due to lack of sentencing guidelines with only recent case law from earlier this year.  Samir skillfully mitigated on behalf of the client with the Crown Court judge stating, "Mr Pasha has said everything that could be said".

 

R v AR - Westminster Magistrates Court (November 23)

Client was charged with breach of bail after securing release from bail for Stalking and Criminal Damage charges, whilst already being on seperate Crown Court bail conditions.  One of the client's bail conditions was not to enter within the M25 area yet he was arrested in the Fulham area. Samir successfully argued for the client to be re-released on bail on the same conditions.

 

R v DG - Woolwich Crown Court (October 23)

Samir secured a conditional discharge for a landlord who had been found guilty in an unlawful eviction case.   In a rare private prosecution brought by the Royal Borough of Greenwich, Samir's client was charged with unlawful eviction that occurred in 2020, which carries a maximum sentence of 2 years imprisonment. This was a complex case that relied on novel points of law covering housing law and statutory defences.  After a 5 day trial, Samir's client was given the conditional discharge alongside a costs order.

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R v MS - Luton Crown Court (June 23)

Client was charged with Non-fatal Strangulation, Coercive and Controlling Behaviour, ABH and Criminal Damage and alleged to have committed these offences against his partner in their home thus categorised as a 'high risk' domestic abuser. The case involved reviewing medical expert evidence on strangulation with analysis against a number of Witness Statements provided by the Complainant.  During trial the Complainant refused to attend Court and a Res Gestae application was made by the Prosecution and successfully resisted by Samir.  The case also involved making a Section 8 Disclosure Application before the Crown Court, drawing focus on the need to obtain metadata of photographs provided by the Complainant to the police. In the end, the Prosecution offered no evidence on non-fatal strangulation, coercive and controlling behaviour and criminal damage. The client accepted a plea of guilty to Assault by Beating and was given a community order and a fine.

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R v DHW - Willesden Magistrates Court (March 23)

Client arrested by police for a breach of curfew, namely, 15 breaches of his electronic tag. Samir reviewed all the papers provided by the CPS and EMS and pointed out that not all 15 breaches were fully set out in the papers. He argued that instructing solicitors and the client had complained to EMS previously that there were technical issues with the tag. The bench agreed that none of the breaches had been proved by the CPS and was immediately released.

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R v S - Croydon Magistrates Court (March 23)

Client charged with Racially Aggravated Assault and Causing Harassment/ Distress Public Order offences, along with Criminal Damage. During trial, Samir successfully persuaded the district judge that in fact the CCTV of the incident showed the client was the actual victim. The CPS offered no evidence on the Public Order offences, and the client was given a conditional discharge for the criminal damage.

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R v ZK - Luton Magistrates Court (February 23)

Client charged with Actual Bodily Harm, where he was accused of  punching the complainant in the face which broke his nose. After a trial which entailed a powerful cross examination of the complainant, where it was argued that the complainant was lying and had actually attacked the client first with another person, the client was found not guilty.

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R v BA - Southwark Crown Court (November 22)

Client charged with Theft and Criminal Damage by his landlord. After thorough preparation and robust cross examination of the landlord the jury delivered unanimous verdicts of Not Guilty on both charges and the client was acquitted.

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R v AS - St Albans Magistrates Court (November 22)

Client seen on CCTV kicking the victim in the head in a group attack against a bar owner, and found to be in possession of amphetamine. After a robust mitigation, Samir secured a suspended sentence for the client.

 

​R v TG - Highbury Youth Court (September22)

Client, a youth, charged with possession of a knife and given a 6 month Referral Order. CPS made an application for a Knife Crime Prevention Order to be made against the client, which was successfully resisted.

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​ R v DW - Inner London Crown Court (August 22)

Client charged with Breach of Suspended Sentence for drugs offences, suspended for 24 months. Client was charged with possession of cannabis and made full admission of the offence in the police interview. Samir successfully argued for the court not to activate the suspended sentence applying the sentencing guidelines and Sentencing Act 2020. The court agreed that it would be unjust to activate the sentence and was instead given a fine.

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R v JM - Isleworth Crown Court (April 22)

Client charged with a serious case of Witness Intimidation and Stalking. The client had sent hundreds of messages and calls to the victim, and had stalked at places of work and attended the victim’s home. The client had also breached his bail conditions not to contact the victim during the case. After meticulous preparation by Samir, he secured a 4 month sentence suspended for 12 months. Samir’s preparation and advocacy was highlighted by the sentencing judge. 

 

R v RI - Colchester Magistrates Court (January 22)

Client  charged with slapping her daughter in front of a police officer and admitted on camera. Client was given a Conditional Discharge.

 

R v CA - Thames Magistrates Court (December 21)

Client arrested for over 50 battery breaches, and 8 location breaches for which he was charged with breach of bail. Samir pointed out that the map was not adequate in setting out the boundaries and therefore could not be relied upon. The bench accepted Samir’s submission that there was a margin of error by the evidence produced by the CPS.

 

R v FV - Westminster Magistrates Court (November 21)

Client charged with Stalking alleged by a female where he worked. The prosecution had photos and CCTV evidence of the client along with letters sent by the client. Samir successfully cross-examined the police officer, and argued that the behaviour the police were relying on did not actually constitute stalking, which the judge accepted. The police also applied for a Stalking Prevention Order, which Samir again successfully argued against being imposed.