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Home > Third Six > Elizabeth Garcia

Elizabeth Garcia

  • Call: 2016

Elizabeth joined the Crime Team as a third six pupil in February 2018.

Practice

Elizabeth appears in the Youth, Magistrates and Crown Courts and is developing a busy practice across the whole spectrum of criminal offences. Elizabeth is building a reputation as a tenacious yet conscientious advocate with a strong work-ethic, who focuses on the individual needs of her clients. Elizabeth has a particular interest in cases that involve vulnerable defendants and witnesses, including issues of mental health as well as youth clients.

Background

Prior to coming to the Bar, Elizabeth spent several years undertaking internships with legal charities as well as working in solicitors firms. Elizabeth has experience of Mental Health tribunals from having her own caseload of clients detained under the Mental Health Act as a paralegal. She also worked in the immigration department of Blake Morgan, assisting clients with Tier 2 visa applications, sponsor licenses and judicial reviews arising out of refusals to grant leave to remain. Elizabeth worked as a paralegal at Birds Solicitors assisting with appeals of convictions of victims of human trafficking under the Modern Slavery Act 2015.

Elizabeth undertook an internship in the Abuses in Counter-Terrorism team at Reprieve, assisting with cases of detainees at Guantanamo Bay and victims of Drone strikes in Pakistan and Yemen. She also conducted research pro bono for a project called Clemency for Cooperation, coordinated by Mr Justice Iain Morley QC (ECSC). The project involved research and drafting a policy paper, in connection with the Foreign Office and Reprieve to assist with the case of a British woman on death row in Bali. Elizabeth also undertook an internship with the Fraud Squad in the City of London Police, investigating multi-million pound boiler-room fraud operations. Elizabeth assisted with advice on charging decisions and review of evidence and witness statements.

Elizabeth has been an advisor at Toynbee Hall’s Free Legal Advice Centre, providing legal advice in all areas of social welfare law.

Significant Cases

Crime

R v SN Court of Appeal [2018] EWCA 29 (Crim)

Successful appeal against sentence. The Court of Appeal agreed with Ms Garcia’s submissions that the Judge at first instance had erred in failing to consider the defendant’s particular personal mitigation when considering imposing an immediate, rather than suspended, sentence. The Defendant had particularly strong personal mitigation, in addition to positive good character and an early guilty plea to two counts of dangerous driving causing serious injury. The Court of Appeal quashed the original sentence and imposed a suspended sentence.

R v Tully Wolverhampton CC [2017]

Suspended sentence for client who pleaded guilty to threats to kill in respect of his step-father who was in hospital. News coverage in Express and Star.

R v Hussain Wolverhampton CC [2017]

Following submissions in relation to the defendant’s particular mental health condition, sentenced to a lengthy community order in order to obtain a longer period of supervision in the community, which the Judge considered preferable to a relatively short prison sentence and limited ongoing supervision, despite previous similar convictions for sexual assault. News coverage in Express and Star.

R v Akerele Southwark CC [2017]

Successful submissions that the less sophisticated robbery guideline should be referred to, with a result of 18 months custody imposed, despite the Prosecution having made forceful submissions that the commercially planned guideline applied, with a starting point of 5 years.

R v H Hendon MC [2017]

Successful representations in relation to defence of insanity resulted in the prosecution offering no evidence in respect of charges of criminal damage.

R v G Staines YC [2018]

Client acquitted after trial of charges of assault and public order offences. Defendant suffered from Aspergers and granted an intermediary for the trial.

Awards

  • 2018     Criminal Bar Association Award
  • 2016     Marshall Hall Scholarship, Inner Temple
  • 2016     Criminal Bar Association Pupillage Bursary
  • 2013     Peta Fordham Scholarship, Inner Temple
  • 2013     Duke of Edinburgh Entrance Award, Inner Temple
  • 2013     Major Exhibition, Inner Temple
  • 2012     University of Leicester Bursary

Publications

Confiscation orders for offences pre- and post-POCA 2002 (R v McCool and another) (2018), LexisNexis

“When a State is ‘unable or unwilling’ to prosecute a war criminal” (2013) 31 Singapore Law Review

Seminars and Training

Youth Court training through the Youth Justice Legal Centre.

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