Edward Duncan Smith

Ed came to the Criminal Bar and 187 Fleet Street after practising in Civil Law as an advocate in the County Courts.  He now defends at all stages of Criminal proceedings in a wide variety of cases, including, recently, a complex conspiracy to supply drugs in Southampton – part of Hampshire Police’s “Operation Windless” – in which he was led by Mozammel Hossain of chambers.  Instructing solicitors appreciate Ed’s diligence and the proactive approach he takes with each  of his cases, providing a professional, reliable service at all stages.  At court his calm, confident manner puts clients at their ease and he is adept at dealing with anxious, emotional defendants in highly-charged proceedings, assisting them in presenting the best possible case.

Notable Cases

R v DM:  A successful appeal to the Court of Appeal (reported at <2016> EWCA Crim 2272) against sentence where the appellant, under significant emotional pressure, had smuggled his brother into England from the Calais “Jungle” immigrant camp.

R v KS & ors:  Led by Mozammel Hossain.  A multi-handed, large-scale conspiracy to supply heroin and crack cocaine in Southampton by London-based drug dealers “cuckoo-nesting” local properties.  Investigations began after the much-publicised, fatal stabbing of a man wielding a sawn-off shotgun at one such property.  Part of Hampshire Police’s “Operation Windless”.

R v MC:  The defendant – a well-known figure in the rap music industry – was accused of voyeurism after an argument with his then partner where he threatened to upload pornographic videos which she knew nothing about.  Police discovered hours of footage of them and others having sex at the defendant’s flat.  He claimed that, although she never looked at or acknowledged the camera, she was aware of and had consented to the filming.  Acquitted.

R v TN & ors:  Possession with intent to supply.  The defendants were stopped by police in Winchester in a car containing multiple wraps of Class A drugs and a number of “dirty” phones with drugs messages.  Cross-examination exposed numerous failings by police in their investigations, with the Crown’s drugs expert being forced to admit that incriminating texts on a defendant’s phone were not actually sent from that phone.  The Crown offered no evidence at a re-trial.

R v DS:  Domestic Burglary.  The defendant – a long-term heroin addict with numerous similar convictions which were adduced into evidence – was alleged, with others, to have broken into the flat of an ex-partner.  His DNA was found on a cup of coffee apparently drunk during the break-in.  A co-defendant turned queen’s evidence during the trial, accepting his part in the burglary but claiming DS had orchestrated the whole thing.  Acquitted.

R v MK:  A defendant with schizophrenia was accused of multiple burglaries and assaulting the occupant during one of them.  Acquitted of the assault after the witness conceded in cross-examination that medication he was taking affected his memory.

R v JA:  Attempted Robbery.  The complainant alleged that the defendant had initiated a revenge attack for his role in “grassing up” a number of looters during the London riots of 2011.  Acquitted.

Education and Awards

BPTC (very competent), University of Law, London.

LLB, University of Law, London.

BA History, York University.

Droop Scholarship, Lincoln’s Inn.

Hardwicke Award, Lincoln’s Inn.

Professional Memberships

Lincoln’s Inn.

Criminal Bar Association