Emma Swindell

Drug Offences

R v L (2024) Prosecuted a trial of issue. The issue was the nature of the defendant’s role in the supply of drugs of class B.

R v P (2021) Represented a defendant at sentence for the supply of over 1kg of cocaine. Argued that that elements of lesser role applied and that there had been an unacceptable delay by the prosecution which resulted in the judge significantly reducing the sentence.

Violent Offences

R v P (2024) Defended a finding of fact hearing in relation to an unprovoked assault on a stranger after the defendant was found unfit to stand to stand trial.

R v M (2024) Defended a sentence for assault on his partner, which involved strangulation, and assault on an emergency worker. The defendant had a record of convictions for similar offences. Successfully argued that the defendant should be given a suspended sentence and he avoided custody.

Dishonesty Offences

R v I (2024): Prosecuted a defendant at trial of issue and sentence, this case involved 17 counts of fraud exceeding £20,000 committed over one year.

Sexual Offences

R v W (2024) Prosecuted a defendant at sentence for sexual communications with a child, inciting a child to engage in sexual activity and indecent images offences.

Appeals against sentence and conviction

R v M (2024) Successfully represented the respondent at an appeal against conviction in relation to an allegation of breaching a restraining order.

R v D (2024) Represented the respondent in an appeal against conviction for the offence of failure to provide a specimen. This involved the defence of reasonable excuse. Succeed in arguing that the appeal should be dismissed.

R v B (2024) Represented the prosecution at an appeal against sentence, successfully opposed the appeal and the appeal was dismissed.

R v A (2024) Successfully appealed a driving disqualification imposed by the Magistrates’ Court. The court accepted that expectational hardship was present and significantly reduced the disqualification. 

Violence and Weapons Offences

R v V (2024) Instructed to defend a trial for possession of a bladed article in a public place. Successfully argued that the defendant had a reasonable excuse. The defendant was found not guilty.

R v G and others (2024) Represented three defendants at sentence for a public order offence after they started a fight on a train which included them breaking another passenger’s jaw. Successfully argued that they should be given a suspended sentence, and they avoided custody.

Drug Offences

R v K (2024) Represented a defendant who had pleaded guilty to the supply of class B drugs at sentence. Successfully argued that the defendant should be given a community order.

Dishonesty Offences

R v B (2024) Instructed to represent a defendant who pleaded guilty to aggravated vehicle taking. This involved the theft of a car which was crashed by the defendant into the wall and another vehicle. Successfully argued that the defendant should be given a fine, this involved persuading the court to go significantly outside of the normal sentencing guidelines.

R v W (2024) Successfully prosecuted a trial for burglary of a garden centre.

Driving Offences

R v S (2024) The defendant had been convicted in his absence of failure to provide driver details. Successfully applied to set aside that conviction. The case then proceed to trial and the court were persuaded that the defendant had complied with the notice. The defendant was found not guilty.

R v E (2024) Represented a defendant who was at risk of a ‘totting up disqualification’. Successfully argued that exceptional hardship was present, and the defendant avoided disqualification.

R v D (2024) Represented a defendant who had pleaded guilty to drink driving, he had caused a multi-car collision resulting in damage to five vehicles. The defendant was at risk of a harsh sentence given the serious damaged caused. Successfully argued that the defendant should be given a sentence at the lower end of the range, namely a fine, along with the mandatory disqualification.

Breach Offences

R v K (2024) Successfully prosecuted a magistrate’s court trial for the offence of breaching a restraining order.

Football Related offences

R v P (2024) Instructed to represent a defendant who had pleaded guilty to a football related offence. The prosecution were seeking a football banning order. Successfully argued that it would be unjust to impose an order and the order was not made.

R v B (2024) Represented a client who had accepted breaching a football banning order at sentence. The court imposed a conditional discharge and the defendant avoided any punishment for the breach.

• LLM, BPP University (Distinction)
• BPTC, BPP University (Very Competent)
• LLB, University of Exeter (2:1)

• Middle Temple Leolin Price QC Scholarship 2019
• Middle Temple Blackstone Entrance Exhibition 2019
• BPP Advocacy Scholarship 2019

• The Honourable Society of the Middle Temple
• The Northern Circuit
• Women in Criminal Law
• CPS Panel Advocate Level 2