Sarah Day
Profile
A committed and persuasive advocate with experience in all areas of criminal defence, as well as in international criminal law.
Sarah is instructed in a wide range of criminal defence work, including organized crime, terrorism, fraud, serious sexual offences, and violence. She has extensive experience of representing a wide range of clients, including vulnerable defendants, in sensitive cases.
Sarah is diligent in her case preparation and able to deal incisively with large bodies of evidence. She is able to build an effective rapport with clients, even in difficult circumstances.
Sarah was part of the defence team for Ao An at the Extraordinary Chambers in the Courts of Cambodia. She has experience of genocide, crimes against humanity and joint criminal enterprise in an international context.
Expertise
Drugs offences, Organised Crime and Firearms
R v H (Harrow CC, 2021) – Defendant faced an indictment of possession of imitation firearm with intent to cause fear of violence and two counts of robbery. Directed not guilty verdicts after Crown offer no evidence mid-trial, following defence representations and a hostile witness
R v S (Southwark CC, 2021) – Defendant stopped at Gatwick Airport coming off a flight from Antigua and found to have a kilo of cocaine in her hand luggage. Faced indictment for importation of cocaine and acquitted
R v Y (Maidstone CC, ongoing) – Defendant charged with 23 others with conspiracy to burgle for car thefts over 111 properties estimated to value £1.5 million. Case is a joint operation being run by the Met, Kent, TVP and Hertfordshire police
R v K – Operation Oberon, part of Operation Venetic (Cardiff CC) – One of a number of like cases relating to the admissibility of evidence acquired through interception of the EncroChat telecommunications network. The criminal allegation is of the supply of Class A drugs. Instructed as led junior [ongoing 2021]
R v D – Operation Zymotic (Stafford CC, ongoing) – instructed as led junior in allegation of conspiracy to supply Class A and B drugs, representing the alleged head of a crime family
R v G – Operation Sedate (Oxford CC, ongoing) – instructed as led junior in multi handed conspiracy to supply Class A drugs, alleged to be over 50 kilos
R v B – Operation Measle (Manchester CC, 2022) – Operation Measle arose out of Encrochat material. Defendant faced indictment of conspiracy to transfer prohibited weapons and conspiracy to possess firearm with intent
R v W – Operation Empire (Cardiff CC) – instructed as led junior in allegation of conspiracy to supply Class A drugs [ongoing 2021]
R v W – Operation Beechway (Cardiff CC) – instructed as led junior in allegation of conspiracy to supply Class B drugs [ongoing 2021]
R v D – Operation Icarus (Harrow CC) – instructed as led junior in Operation Icarus, and investigation by the Flying Squad into a series of armed robberies and burglaries. Included extensive phone evidence and tagging data [2020]
R v M – Operation Fullbacks (Liverpool CC) – instructed as led junior. Successfully defended in multi-handed conspiracy to possess an explosive (hand grenade). Included telephone billing data, cell site analysis, and voice recognition expert evidence. Case further involved a Newton Hearing in respect of conspiracy to supply Class A drugs (cocaine), in particular expert evidence in relation to conclusions which could be drawn in respect of quantity from discarded packaging material which substantially reduced the Crown’s figure [2019]
R v G (Southwark CC) – instructed as led junior in this multi-handed conspiracy to import and supply class A drugs into the UK via helicopter from mainland Europe. The Crown’s case included covert surveillance and telephone downloads. Defendant acquitted having been found in possession of 10kg cocaine [2018]
General Crime
R v T (Warwick CC, ongoing) – instructed as led junior in multi-handed case of child cruelty with multiple young complainants
R v H (Isleworth CC, 2021) – instructed in s18 GBH trial for a youth on a joint enterprise basis, where allegation was the stabbing of a police officer in Westminster. Directed not guilty verdict following successful submission of no case to answer at close of prosecution case
R v O (Maidstone CC, ongoing) – instructed in aggravated burglary, alleged to be with a knife
R v O (Kingston CC, 2021) – Defendant acquitted of affray
R v M (Kingston CC, 2021) – represented Defendant with complex mental health needs for sentence and consideration of hospital order with restriction under s37/41 Mental Health Act 1983
R v S (Central Criminal Court, 2019) – Defendant acquitted of s20 GBH and possession of an offensive weapon. Defendant had complex needs due to a brain injury, but applications for an intermediary were refused. Cross-examination included independent eye witness
R v P (Inner London CC, 2019) – Represented defendant who had pleaded guilty to child neglect, after child suffered scalds which required surgical intervention. Lengthy proceedings which included extensive dispute over expert medical evidence and conclusions. Defendant received a suspended sentence order
R v K (Snaresbrook CC, 2019) – Represented defendant charged with robbery and ABH who suffered from paranoid schizophrenia. A Newton Hearing on the ABH, on the basis that a hammer in his possession was not used to strike the complainant, was successful. Following representations, the Crown did not pursue the robbery charge to trial
R v R (Snaresbrook CC, 2019) – Defendant acquitted of malicious communications offence
R v N (Kingston CC, 2019) – Represented defendant charged with multiple offences across multiple indictments, including an alleged aggravated burglary against an elderly couple. Defendant had a number of mental health issues
R v W (Snaresbrook CC, 2019) – Represented defendant charged with possession with intent to supply of 1kg heroin. Basis of him being a courier and therefore lesser role accepted
R v SN (Blackfriars CC, 2018) – Represented defendant charged with coercive and controlling behavior and multiple counts of assault and criminal damage against both his wife and daughter
R v C (Derby CC, 2018) – Defendant charged with inflicting GBH for incident caught on CCTV. A plea to s20 inflicting GBH was acceptable where the injury was a fractured eye socket. Defendant granted a deferred sentence and ultimately a suspended sentence order where there was previous for violent offences
R v Q (Leicester CC, 2018) – Defendant acquitted of dangerous driving where allegation included driving deliberately at police officers
R v G (Inner London CC, 2017) – Represented defendant in trial for multiple counts of possession with intent to supply of both Class A and B drugs and possession of criminal property, following extensive legal argument on disclosure of phone evidence
R v O (Harrow CC, 2017) – Case of theft and assault against a delivery driver dismissed at close of the Crown’s case following submissions of no case to answer
R v M (Inner London CC, 2017) – After making lengthy representations that the decision to prosecute the charge of obstructing a drugs search under s23 Misuse of Drugs Act was inconsistent with the decision to discontinue a charge of possession with intent to supply Class A, the Crown offer no evidence on the day of trial
R v MH (Stratford YC, 2016) – Defendant and co-defendants acquitted of robbery following submissions that key parts of the Crown’s evidence were inadmissible
R v S (Court of Appeal) – Successful appeal against sentence in a terrorism case regarding the operation of s247A Criminal Justice Act 2003, newly introduced by the provisions of the Terrorist Offenders (Restriction of Early Release) Act 2020. Issue concerned implementing the guidance in Ghafoor where the offender had crossed a significant age threshold (a youth at the time of offending, but an adult by the time of conviction and sentence). Led junior [2020]. Link to judgement.
R v S (Birmingham CC) – instructed as led junior in multi-handed Neo-Nazi trial, where
Defendants were charged with being members of National Action following its proscription in December 2016. Defendant aged 15-16 at time of the offence [2020]
Sarah is currently instructed in a number of matters which involve running a s45 Modern Slavery defence with defendants referred under the NRM, in respect of allegations concerning drug dealing, drug production and cases of violence.
Sarah is currently instructed in a number of matters which involve s28 cross-examinations of young complainants.
R v B (Leicester CC, ongoing) – defendant faces indictment with 2 counts of sexual assult
R v O (Preston Crown Court) – instructed as a led junior in 4 week trial. 6 complainants in total involving allegations of rape and trafficking. Involved successful applications under s41 and cross-examination of vulnerable and child witnesses. Voluminous amount of phone evidence [2021]
R v R (Leicester CC) – Defendant acquitted of historic offence of inciting a child under 13 to engage in sexual activity. An emotive trial, with evidence being heard from various family members. Included legal argument on bad character, which was ultimately not pursued by the Crown [2019]
R v N (Inner London CC) – represented defendant charged with assault by penetration. Defendant pleaded to attempted assault by penetration, with entire incident caught on high quality CCTV [2018]
R v C (Wood Green CC) – Represented male defendant who pleaded to a charge of voyeurism, where male complainant had not been open about his sexuality. Defendant received a suspended sentence [2017]
Sarah regularly appears in POCA proceedings following her cases, and has success in reducing both benefit and available amount figures.
SFO Instructed as disclosure counsel, analysing large bodies of material in complex multi-jurisdictional fraud pre and post charge [2018-ongoing]
R v W – Operation Nightjar 2 (Cardiff CC, ongoing) – instructed as led junior in money laundering case
R v K – (Inner London CC, 2022) – led junior in allegation of fraud by abuse of position by a bank employee
R v T (St Alban’s CC, 2022) – instructed to represent defendant in multi-handed case of conspiracy to defraud (by abuse of position as employee) and transfer of criminal property
R v J (Lewes CC, 2018) – Instructed to represent defendant who had pleaded to multiple counts of benefit fraud. Defendant received a suspended sentence
R v B (Preston CC, 2017) – Instructed to represent defendant in application to vacate plea to fraud against County Council in respect of misappropriation of care package funds for severely disabled son. Further instructed to represent at sentence
R v B (Inner London CC, 2017) – Secured a six-month suspended sentence for a client who pleaded guilty to possession of false identity documents with intent
Prior to completing pupillage, Sarah was part of the defence team for Ao An at the Extraordinary Chambers in the Courts of Cambodia. She has experience of genocide, crimes against humanity and joint criminal enterprise in an international context.
Appointments/Memberships
- Criminal Bar Association
- Women In Criminal Law