Martha has accepts instructions across all areas of criminal and regulatory law. She regularly prosecutes and defends in the Crown Court and has experience as acting as leading counsel. Martha has appeared in murder trials and cases attracting national press attention. She is experienced in handling serious criminal cases involving violence, sexual abuse, slavery and drugs offending. Her practice also includes representation of interested parties in inquests.

 

Martha is a trained advocacy trainer on Circuit and runs the Pupil’s Practitioners Training Course.

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NOTABLE CASES

Martha’s recent case history includes:

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R v SD, Newport Crown Court – Defence of a man charged with rape and assault by penetration of a woman allegedly unable to consent (lack of capacity). The defendant was acquitted after trial.

 

R v Kaid & Others (Operation Biggin), Cardiff Crown Court - Martha was instructed to represent the first/lead defendant who was charged with the supply of almost 3kg of cocaine. There were six defendants charged. 

 

R v G Dresser, Cardiff Crown Court - Defence of the fourth named defendant. Six-handed case which was prosecuted by KC and junior counsel. Three of the six defendants were charged with murder. Martha’s client (the then-girlfriend of the first defendant) was alleged to have assisted and offender and perverted the course of justice. The case attracted national press interest. Martha was instructed throughout the case alongside senior KC. Defendant acquitted on all counts after trial.

 

R v Milne, Cardiff Crown Court – Defence of a vulnerable defendant who was charged with the attempted murder of a man in the street in front of a number of probation officers. The entire offending was captured on CCTV footage. The defendant was transgender with significant mental health issues and was held at a maximum-security prison.

 

R v Wischhusen, Bristol Crown Court - Defendant charged with explosives and firearms offences in relation to mass shooting plan, appeared for the Prosecution led by Jonathan Rees KC. Martha dealt with the sentencing hearing as junior alone, the defendant was sentenced to life imprisonment with a minimum term of 12 years. Martha also appeared in the Court of Appeal in renewed applications for leave to appeal conviction and sentence.

 

R v W, Cardiff Crown Court - Defence of a man charged with historic sexual allegations within the religious community. The defendant was a man of previous clean character who was alleged to have sexually abused a child between the ages of 8 and 12. The allegations were made by a member of the defendant’s Jehovah’s witness community, he was an ‘elder’. The defendant was acquitted after trial.

 

R v Southwood, Newport Crown Court – Defendant charged with murder of convicted sex offender brother-in law. Instructed to defend, led by Jonathan Rees KC. The case involved expert evidence in relation to the chemical analysis of wood fragments as well as complex legal issues of causation and hearsay. The wood chemical analysis evidence was one of the first of its kind to be used in a criminal trial.

 

R v Garcia, Swansea Crown Court - Defence of one of 12 youth defendants charged with violent disorder. The defendant was acquitted after a 4 week trial.

 

R v Smith & Others (Operation Vemtor), Merthyr Tydfil Crown Court - Leading counsel in the defence of a man of clean character charged with involvement in a largescale conspiracy to supply Class A drugs in and out of South Wales. The defendant was one of 13 defendants on the indictment. The case involved in excess of 120,000 pages of evidence. The conspiracy alleged the purchase of at least £3.3m of cocaine and supply of over 114kgs. The defendant was alleged to be a courier. He was arrested with over £63,000 in cash in his van. He was acquitted after trial.   

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R v S, Swansea Crown Court - Defence of a teaching assistant charged with child cruelty for an alleged assault at school on a 4 year old child with autism. Acquitted after trial.

 

R v Freibergs, Stankevicius, Stankeviciene, Newport Crown Court – Prosecution counsel in the first prosecution brought by the Gangmasters and Labour Abuse Authority (GLAA) in Wales. All three defendants were convicted after a 5 week trial charged with offences of human trafficking and requiring a person to perform forced or compulsory labour under the Modern Slavery Act 2015.

 

Operation Cassie, Leeds Crown Court– Led by Christopher Rees and represented the first defendant. The defendants were charged with fraudulent trading and an offence contrary to the Consumer Protection and Unfair Trading Regulations 2008. The case required consideration of over 35,000 pages of evidence served by the prosecution and involved legal argument relating to the power of the prosecuting authority to issue proceedings.

 

Independent Counsel -  Martha has been instructed on a number of occasions to act as Independent Counsel to conduct extensive reviews and advise on matters of legal professional privilege. She has been instructed by the City of Bristol Council, Trading Standards (City of York Council) and Newport Council.​

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West Berkshire District Council (2020 - 2021) - Alongside her practice, Martha was instructed to work on secondment. She was involved at all stages, from pre-charge advice to hearings in Court. Martha has experience in prosecutions for a wide variety of offences including those under The Licensing Act 2003, The Housing Act 2004, The Pyrotechnic Articles (Safety) Regulations 2015, the Food Hygiene Regulations (in both England and Wales), The Animal Health Act 1981, The Education Act 1996 and Taxi Licensing offences.

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R (The City of York) v BMM and AMM, Leeds Crown Court  - Martha was led by Christopher Rees and represented the first defendant. The defendants were charged with fraudulent trading and an offence contrary to the Consumer Protection and Unfair Trading Regulations 2008. The case required consideration of over 35,000 pages of evidence served by the prosecution and involved legal argument relating to the power of the prosecuting authority to issue proceedings.

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Reported Cases

R v Owen David [2023] EWCA Crim 1561 - The case was heard before the Vice President as it was the first case before the Court of Appeal which dealt with the imposition of a positive requirement in a Sexual Harm Prevention Order. This only

became permissible as a result of legislation introduced in November 2022. It was also the first case to deal with polygraph testing. Against Treasury Counsel instructed for the Respondent, Martha successfully argued that the imposition of a positive requirement that the appellant participate in polygraph testing was unnecessary, disproportionate and did not comply with the requirements of section 343 and 347A the Sentencing Act 2020.

 

R v Ellis [2024] 2 Cr. App. R (S.) 14

Martha represented the Appellant who was sentenced after stabbing his twin brother twice including four 3cm wounds to the stomach and shoulder. It was successfully argued that the absence of remorse should not have been treated as an aggravating factor. The sentence of two years immediate imprisonment was reduced and suspended. The appellant was released from custody. This case is cited in Archbold and the Sentencing Referencer.

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INQUESTS

DW, Gwent Coroners' Court (2022) - Represented a care worker at an inquest into the death of a resident at a care home.

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TO, Pontypridd Coroners' Court (2021) - Instructed to represent an employee at an inquest (with a jury) into the death of an apprentice at work.

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AB, Pontypridd Coroners' Court (2022) - Martha was instructed to represent an employee at an inquest (with a jury) into the death of another employee at a work. 

 

SW, Bristol Coroners' Court (2020) - Represented a senior nurse at an inquest into the death of a care home resident.​

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