Ellen McAnaw

Ellen defends in a range of offences including serious violence and drugs offences and prosecutions brought under the Sexual Offences Act 2003. Ellen also has experience in representing defendants in contested confiscation hearings.

Case examples:

R v A (2020) – Successful submission of no case to answer in a case involving a conspiracy to supply class B drugs despite evidence that the defendant had visited a property in which the drugs were being cultivated and was in significant phone contact with other parties to the conspiracy.

R v D (2020) – Successful defence on appeal of a woman charged with failing to provide a specimen of breath for analysis on the basis that she was unable to provide a sample due to her suffering  a panic attack. Cross examination centred on the officer’s failure to appreciate that a panic attack could constitute a valid medical reason and his refusal to take a specimen of blood or urine as an alternative to breath.

R v L (2019) – Persuaded court to suspend a prison sentence in a case where the defendant had distributed hundreds of indecent images of children including a significant number of the most serious moving images. The defendant was also in possession of thousands of indecent images including thousands of category A moving images. The defendant had a previous conviction for importing obscene material of children.

R v R (2019) – Persuaded court to suspend a prison sentence in a case where the defendant had been concerned in the supply of significant quantities of class B drugs on the basis that it would have been unjust to impose an immediate custodial sentence given the passage of time between the commission of the offence and the defendant being charged.

R v Davies (2019) – Led junior for the defence in a case where the defendant had attempted to possess a firearm with intent to endanger life. The prosecution case was that the defendant idolised the gunmen responsible for the Columbine High massacre and planned to commit a mass shooting on a similar scale. The defendant had significant mental difficulties and Ellen was specifically sought after by her leader and instructing solicitors because of her ability to represent vulnerable defendants. The case attracted significant national media interest.

R v G & G (2019) – Defence of a wife jointly charged with her husband accused of causing grievous bodily harm with intent. Defendant acquitted of Section 18 and Section 20 following 8 day trial.

R v B (2019) – Defence of a man accused of assisting offenders in relation to serious firearms offences.

R v M and others (2019) – Successfully applied to dismiss a charge of outraging public decency ahead of trial.

R v L and another (2018) – Defence of a vulnerable drug user whom the prosecution alleged was supplying drugs with another male from her home address. Despite her client having a previous conviction for drug supply and her co-defendant having no previous convictions Ellen persuaded the jury that the co-defendant was operating alone and that her client had effectively been ‘cuckood’. Ellen’s client was acquitted. Co-defendant convicted and sentenced to substantial custodial sentence.

R v A and Others – Successful defence of a vulnerable prisoner who had been charged with prison mutiny. Defendant appeared first on the indictment, all other defendants convicted.

R v C – Secured an acquittal following successful submission of no case to answer for a man charged with possessing a knuckle duster and a hammer in a public place.

R v K – Successful defence of a man charged with assaulting his former partner with knives and other weapons, defendant acquitted after a four-day trial.

R v B – Persuaded the court to suspend a prison sentence for a man charged with causing grievous bodily harm to a 76-year-old man in an unprovoked attack which left the victim with lifelong injuries.

R v F and others (2017) – Defence of one of two female defendants who had perverted the course of justice in relation to a male who had committed a number of violent and sexual offences. Ellen’s client was sentenced to a suspended prison sentence. Both other defendants sentenced to immediate custody including 18 and a half years for the male defendant (subsequently reduced to 11 years on appeal).

NCC v R and others – Defence of man charged with others in relation to regulatory breaches of multiple occupancy.

R v D – Defence of a man charged with causing death by careless driving.

R v S – Persuaded court to impose 7-day disqualification in a case which would normally attract 6 penalty points in circumstances where 6 points would have resulted in the DVLA revoking the defendant’s driving licence as a new driver.

R v R – Successfully advanced an exceptional hardship argument for a defendant who had pleaded guilty to a number of speeding offences. The court were persuaded not to disqualify and instead apply 3 penalty points to each offence leaving the defendant with 21 penalty points on his licence.

R v P – Successful exceptional hardship argument avoided disqualification under the ‘totting up’ procedures for a farmer who had reversed his vehicle into an elderly pedestrian in a hospital car park causing significant injuries including a bleed on the brain.