Emma Stuart-Smith

Barrister

Emma’s practice encompasses all areas of criminal defence work, focusing particularly upon serious violence and organised crime. Her practice also includes sexual offences, money laundering and fraud offences.

A focus on homicide, serious violence, firearm and drug conspiracies. This includes experience of allegations of human trafficking within drug conspiracies and other allegations under the Modern Slavery Act.

Emma has strong experience representing young and vulnerable defendants, including those with learning difficulties and mental health issues. She has experience working with intermediaries and advising on cases where fitness to plead is an issue. She was a contributory author to the Advocate’s Gateway Toolkits. She has completed the 2017 Advocacy and the Vulnerable Witness Training programme.

Emma previously worked in prisons in Malawi and Pakistan, and for the Howard League for Penal Reform where she specialised in representing young people in custody in all areas of post-conviction law. She has experience appearing in the High Court and Court of Appeal as well the Crown Court. She receives instructions as a junior alone and a led junior.

Associated with Crime, Human Rights & Confiscation.

Articles and Associated Work

Contributory author to “Abuse of Process” 3^rd Edition, by Colin Wells, Oxford University Press
Contributory author to “Research Handbook on International Financial Crime”, Edited by Barry Rider, published by Edward Elgar Publishing, 2015.
Contributory author to Advocate’s Gateway Toolkits on behalf of the CBA.
Co-authored response on behalf of CBA to the Criminal Justice and Courts Bill. Attended with Head of the CBA to give oral evidence before the Criminal Justice and Courts Bill Committee.
CBA working group for the Punishment and Reform: Effective Community Sentences and Effective Probation Services consultations, Contempt of Court, and Guidelines on Concurrent Jurisdiction consultations
“Youth Justice - Two words a world apart", Criminal Law & Justice Weekly, VOL 176(23), 332-333; C.B.Q. 2012, 2(Sum), 13.
Guest lecturer on "Extradition and Surrender" on the BPP LLM Trans-National Criminal Justice Module.
Criminal Bar Association committee –representative for those under 7 years call (2013-2016);

Professional Memberships

Criminal Bar Association
Young Legal Aid Lawyers
The Howard League for Penal Reform
South Eastern Circuit

Homicide and Serious Violence

R v B - 22 year old acquitted of murder. The defendant, a member of the travelling community, was alleged to have murdered another member of the travelling community at Cobham Service Station using a builders whisk which penetrated his head. He accepted causing the fatal injury. The primary defence was self defence, as well as accident, lack of intent and loss of control. Both he and his co-defendant were acquitted.Led by James Scobie KC. Case had extensive press coverage.
R v Anon - Represented a 14 year old accused of murder (with two others) who accepted stabbing the deceased. Found not guilty of murder, guilty of manslaughter. The issues raised were accident, self defence, lack of intent and loss of control. Led by Judy Khan KC.
R v R - Led by Jeremy Dein KC before Singh J for two weeks in a murder, namely a shooting in Pakistan, tried in the UK.
R v B - Manslaughter in the context of a domestic burglary in which the principle issue is causation. Involved careful consideration of medical expert evidence. Led by Paul Mendelle KC.
R v M - Defendant acquitted of conspiracy to possess firearms with intent to endanger life. Defendant was one of 9 alleged gang members said to have possessed firearms intending to use them to violently confront rivals. He had a relevant previous conviction for possession of firearm with intent. Case involved arguments as to the admissibility of gang affiliation evidence.
R v S - s.18 and kidnap, trial involved bad character arguments in relation to the complainant and his family.
R v R - Allegation of conspiracy to require men to preform forced or compulsory labour under the Modern Slavery Act. Led by Paul Hynes KC.

Organised Crime, Drugs and Firearms

R V B - Defendant charged with conspiracy to supply class A relating to 70 kilos imported by helicopter. This was the second charge arising out of the same facts as the first, raising an argument of abuse of process. Led by James Scobie KC
R v A - Defendant accused of conspiracy to supply class A, namely the supply of cocaine and heroin from London to users in the West Country. The defendant was acquitted running the defence of duress, and involved the admission of extensive bad character evidence of another.
R v M - Represented defendant in a county lines drug conspiracy involving the trafficking of children for the purpose of supplying drugs. Case received extensive national media interest.
R v K - Conspiracy to supply cocaine: case involved organised crime network operating in Albania, Italy and the UK supplying vast quantities of high purity cocaine. Represented defendant accused of supplying 2 kilos of 80% purity cocaine.
R v W - Represented defendant accused of possession of two firearms, ammunition, cocaine and drug paraphernalia, said to have been placed in her house by her partner. Trial involved application to adduce history of domestic violence against the defendant.
R v A - A county line case involving young defendants who were assessed to be victims of human trafficking by the Home Office. Case ultimately discontinued against all defendants.
R v R - Defendant accused of possession with intent to supply 10 Kilos of high purity cocaine.
R v M - Led junior representing defendant who was acquitted of conspiracy to supply commercial quantities of cocaine.
R v M - Defendant acquitted of possession of imitation firearm with intent to case fear of violence
R v J - Conspiracy to rob and conspiracy to steal: a series of robberies and thefts, some involving weapons, targeting Carphone Warehouse stores across South West England.
R v B - Kidnap and drug offences.

Sexual Offences

R v Anon - Instructed to represent partially deaf defendant with learning disability accused of two rapes. Intermediary instructed. Successful argument to sever on the basis of his difficulty in following two cases at the same time.
R v E - Defendant accused of having an ongoing relationship with his 15 year old step daughter and possession of indecent images. Case involved expert evidence on computer analysis and lack of injuries.
R v S - Defendant sentenced to an extended sentence for rape, assaults and dangerous driving arising from two relationships in which the defendant was said to be abusive and controlling.
R v D - Defended a male accused of sexual touching of his daughter’s 13 year old friend. The trial involved making a s.41 application and arguing against the admission of bad character evidence.

Other Notable Cases

R v R - Represented a male charged with attempt arson on his flat reckless as to whether life was endangered. The defendant had long-standing mental health issues, and the case involved expert psychiatric evidence and the issue of voluntary intoxication.
R v S - Advised and represented a practising solicitor charged with transmitting an image or sound by electronic communication from within a prison contrary to s.40D(1)(b) Prison Act 1952. Involved providing detailed advice on technical defences, privilege, search and seizure, and disclosure. Ultimately the Crown offered no evidence.
R v R - 11 months’ custody imposed for perverting the course of justice, involving numerous false allegations made over two months against the same person. This resulted in repeated arrests, the wasting of significant police time including the deployment of a police helicopter and dog unit. Reported in national media.

Court of Appeal

R v Mido [2018] EWCA Crim 2200 - Sentence for firearms and ammunition offences reduced from 8 years 4 months to 7 years on the basis that sentencing judge failed to have proper regard to the Avis questions, in particular the low velocity of the firearm concerned.
R v Trought & Others [2017] EWCA Crim 1701 - Appeal against sentence of 7 years for two conspiracies to supply cocaine.
R v O - Court of Appeal reduced sentence of 20 months to 12 months following submissions that the imposition of consecutive sentences was wrong in principle and the total sentence was manifestly excessive.
R v K - Appeal against terminatory ruling where trial judge had refused any further adjournment forcing the Crown to offer no evidence. Ruling overturned.

Extradition

Australia v H - Request for prosecution of 58 historic sexual offences. Contested on the basis of passage of time and extradition offences. Appeal argued in the High Court. Reported in domestic and Australian media.
USA v K - Temporary surrender case. Argued that mandatory minimum sentences would be grossly disproportionate and violate Article 3. Appeal argued in the High Court.
Lithuania v P - Passage of time and Article 3 in relation to prison conditions.

Fraud and money laundering

R v H - Led junior in £10 million boiler room fraud.
R v V - Led junior in £2 million land banking boiler room fraud involving cut throat between lay client and co-defendant.
R v K - Represented defendant accused of involvement in £1.5 million fraudulent trading of laundered fuel and money laundering. Involved preparation of abuse of process argument on the basis of prosecution misconduct. Ultimately not argued as case was dropped against the defendant.
Tchenguiz v Director of the Serious Fraud Office - Instructed by the SFO in the disclosure aspect of a £300M damages claim concerning allegations of misfeasance in public office, wrongful arrest, false imprisonment, violation of Article 8 and trespass.
R v D - Led junior in conspiracy to steal high value plant machinery and money laundering. Involved analysis of extensive cell-site material and phone data.
R v B - Instructed to defend a female alleged to have laundered in excess of £200,000, that being the proceeds of her relatives’ conspiracy to supply cocaine.

Confiscation

R v B - Benefit figure reduced from £1.3 million to £500,000 following submissions that it would be unjust to apply the assumptions having regard to how the prosecution put their case at sentence.
R v Z - A hidden assets case in which it was successfully argued that it would be unjust to apply the statutory assumptions.
R v B & others - Confiscation proceedings relating to the commercial importation of cigarettes over three years.
R v G - Represented the defendant in an application relating to a realisable amount of £516,000 and assets both in the UK and overseas.

Court of Appeal

R v Q - An appeal against the appointment of an enforcement receiver. Represented an interested party (alongside Neil Baki) and argued that the judge had erred his application of the burden of proof and wrongly placed assumptions upon the innocent interested parties.