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FLAVIA kenyon
Flavia is the only Romanian speaking barrister practising in England and Wales. She has developed an exclusively defence practice spanning a range of criminal conduct: complex fraud, serious violence, people trafficking, and possession of offensive weapons.
She acts both alone and as junior to leading counsel and is frequently instructed in multi handed and sensitive cases where the evidence extends to many thousands of pages.She has also appeared in the Court of Appeal as single and led junior counsel in the reported case of R-v-Kluxen, Adam and Rostas, [2010] EWCA Crim 1081.
Flavia advises EU nationals in obtaining revocations of deportation orders and has developed an insight into the impact of EU law on domestic criminal law. Earlier in her career, Flavia was part of the defence team representing Abu Hamza, the Muslim cleric, at his trial on charges of soliciting to murder, inciting racial hatred, and terrorism based on the sermons he delivered as the imam at Finsbury Park mosque. During that time she worked closely with Edward Fitzgerald QC and his team carrying out research, preparing proofs of evidence, and assisting in the preparation of legal arguments.
Flavia is accredited to receive instructions via the Public Access Scheme.
Notable Cases:
Appellate Cases
R v Kluxen, Rostas and Adam [2010] EWCA Crim 1081
Flavia appeared as single and led junior alongside Christine Laing QC in this test case on the issue of recommendations for deportation of EU nationals. This was the first case to be decided since the implementation of the EU directive, 2004/38/EC on Freedom of Movement into UK law by the Immigration (European Economic Area) Regulations 2006, and the coming into force of the UK Borders Act 2007.
R v Adam and Rostas, COA [2009] EWCA Crim 1951
Successful appeal against sentence: 2 years imprisonment in a young offenders' institution reduced to 18 months for a part played in a conspiracy to defraud.
Fraud
Flavia has gained experience in a wide range of complex fraud including money laundering, conspiracy to defraud, large scale benefit frauds, confiscation, and seizure of assets.
R-v- S and Others, Southwark CC, (2011).
Flavia is currently being led in a seven-handed conspiracy to money laundering.
R-v-R, Wood Green CC, (2011)
Successfully represented defendant charged with fraud to the value of £114,000 and forgery of Home Office documents. Following a half time submission of no case, the Judge dismissed the case.
R-v-Dumitru and Others, Southwark CC, (2011)
Acted for one of the main defendants in this nine- handed case of benefit fraud involving a pan-European investigation as part of “Operation Golf”.
R-v- Olmazu and Others, Southwark CC, (2010)
Acted for one of the defendants involved in a multi-handed conspiracy valued at £2 million in defrauding the DWP, HMRC, and, other various government departments.
R-v-LV and Others, Southwark CC, (2010)
Acted for female defendant, part of a six-handed conspiracy to steal valued at £240,000. The conspiracy targeted retailers and storages of high value mobile phones across the country.
People trafficking
R-v-N and Others, Snaresbrook CC, (2011)
Successfully secured the acquittal of the main defendant, a 24-year-old Romanian footballer.
R-v-V and Another, Croydon CC, (2011)
Successfully defended a man charged with trafficking a woman within the UK for sexual exploitation.
R-v-N and Others, Wood Green CC, (2010)
Appeared as junior counsel for the female defendant who was acquitted of conspiracy to people trafficking.
R-v- BV and Others, Reading CC, (2008)
Defended in this first case of people trafficking prosecuted under section 4 of the Asylum and Immigration Act 2004. It was a five -handed case involving a Roma family charged with trafficking a 13 year old girl from Romania to the UK with the intention to exploit her for commercial purposes.
Violent Crime:
R-v-C and Another, Winchester CC, (2011)
Successfully defended a youth charged with s 18 wounding with intent: a stabbing incident involving two groups of youths.
R-v- I and Others, Wood Green CC, (2010)
Acquittal of a youth charged with violent disorder.
R-v-DeJ, Inner London CC, (2010)
Acted for a man charged with harassment, affray, witness intimidation and criminal damage. Trial collapsed following cross-examination of the OIC which revealed failures by the Crown to investigate the matters properly and to disclose the existence of a witness crucial to the defence. After discharge of the jury at a first trial, there followed a successful application to stay proceedings as an abuse of process, which prevented the Crown embarking upon a second trial.
R-v-T, Carlisle CC, (2010)
Represented a vulnerable defendant charged with s18 wounding with intent, stabbing of ex-girlfriend, which was successfully reduced to a plea to s20, and to a considerably shorter sentence as a result: 16 months’ imprisonment.
R-v-S, Brent Youth Court, (2010)
Acquittal of 14-year-old boy charged with possession of a dagger in a public place: successful defence of good reason was advanced.
Miscellaneous Crime:
Possession of false documents with intent
R-v-H, Southwark CC, (2010)
Represented a Romanian national charged with possession of a forged Spanish passport in order to work. Given a Suspended Sentence despite the case law.
R-v-B, Blackfriars CC, (2010)
Represented a Romanian national charged with possession of a forged Italian passport in order to work. Given a Suspended Sentence despite the case law.
R-v- Kuniutiene, Wood Green CC, (2008)
Represented Lithuanian woman charged with possession of a forged ID to work. Following successful legal argument, a charge of possession with intent was reduced to one of simple possession and a sentence of conditional discharge followed.
Publications 'Deportation': Two views on Kluxen', Feature article in Archbold Review, Issue 6, July 2010
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CALL:
- 2005
INN & DEGREE:
- Lincolns Inn
- Oxford University, BA (Hons), English and French.
- Post graduate Diploma in Law, BPP Law School, London.
- Bar Vocational Course, BPP Law School, London.
AREAS OF WORK:
- Crime
MEMBERSHIPS:
- Criminal Bar Association
- European Criminal Bar Association
PERSONAL INTERESTS:
- Japanese woodblock prints
- Theatre and Literature
- Travelling
- Charity work in India
LANGUAGES:
- Romanian
- French
EMAIL: clerks@3tg.co.uk
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