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

Appeals

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 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) – instructed as led junior in allegation of conspiracy to supply Class A and B drugs, representing the alleged head of a crime family [ongoing 2021]

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 H – Operation Winchester (Newcastle CC) – principally concerning the wholesale supply of heroin from Merseyside into Sunderland.  Instructed as led junior [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]

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]

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) – instructed as led junior in money laundering case [ongoing 2021]

R v J (Lewes CC) – Instructed to represent defendant who had pleaded to multiple counts of benefit fraud.  Defendant received a suspended sentence [2018]

R v B (Preston CC) – 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 [2017]

R v B (Inner London CC) – Secured a six-month suspended sentence for a client who pleaded guilty to possession of false identity documents with intent [2017]

Sarah is currently instructed in a number of matters which involve running a s45 Modern Slavery defence.

R v H (Isleworth CC) – instructed in s18 GBH for a youth on a joint enterprise basis [ongoing 2021]

R v O (Maidstone CC) – instructed in aggravated burglary [ongoing 2021]

R v S (Central Criminal Court) – 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 [2019]

R v P (Inner London CC) – 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 [2019]

R v K (Snaresbrook CC) – 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 [2019]

R v R (Snaresbrook CC) – Defendant acquitted of malicious communications offence [2019]

R v N (Kingston CC) – 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 [2019]

R v W (Snaresbrook CC) – Represented defendant charged with possession with intent to supply of 1kg heroin.  Basis of him being a courier and therefore lesser role accepted [2019]

R v SN (Blackfriars CC) – Represented defendant charged with coercive and controlling behavior and multiple counts of assault and criminal damage against both his wife and daughter [2018]

R v C (Derby CC) – 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 [2018]

R v Q (Leicester CC) – Defendant acquitted of dangerous driving where allegation included driving deliberately at police officers [2018]

R v G (Inner London CC) – 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 [2017]

R v O (Harrow CC) – Case of theft and assault against a delivery driver dismissed at close of the Crown’s case following submissions of no case to answer [2017]

R v M (Inner London CC) – 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 [2017]

R v MH (Stratford YC) – Defendant and co-defendants acquitted of robbery following submissions that key parts of the Crown’s evidence were inadmissible [2016]

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
Instruct SarahTo instruct Sarah please contact our clerks by phone on +44 (0) 20 7036 0200 or email us at clerks@libertaschambers.com