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    Education

    University of Bristol LLB (1996)
    London School of Economics LLM (Masters degree)(1998)
    ICSL Bar vocational course (1999)

    Practice

    Criminal defence specialist (both private and publicly funded). Particular expertise in defending murder, large scale fraud and serious and organised crime. Acts for UK nationals charged with criminal offences in other jurisdictions. His work rate and ability is unrivalled.

    Regularly instructed privately at all stages of criminal proceedings.

    The profile below is a selection of cases in which Ben has been instructed.

    Ben Smitten is associated with the following areas of expertise:

    Crime
    General Fraud
    White Collar Crime

    Cases

    Hig Profile Crime

    • R v Beckford and 8 others: Representing the lead defendant in the alleged triple murder during the summer Birmingham riots.  The case has received widespread and continuous press attention. The incident On 10th August 2011 and the actions of those involved were said to be the catalyst which resulted in the cessation of the riots.
    • R v Massey : Junior Counsel for 1 of 10 defendants including 8 Police officers indicted with perjury and Conspiracy to Pervert the course of justice arising out of the “Cardiff 3” case in which it is alleged that 5 men were “fitted up” for the murder of Lynette White a prostitute in Tiger Bay, Cardiff in 1988. 23 years after the alleged miscarriage of justice.  Prosecution offered no evidence on 1st December 2011 after six months of an eight month trial. 
    • R v Roshonara Choudhry - Briefed to represent 21 year old female charged with attempted murder of Labour MP Stephen Timms.
    • Ronald Arthur Biggs v Secretary of State - Briefed to secure the release of the great train robber on compassionate grounds by petitioning the home secretary.
    • R v Michael Carroll (aka “the king of Chavs”) – Defended Michael Carroll, (aka "The Lottery Lout" and "King of Chavs") who admitted causing affray at a Christian rock festival.

    Murders

    • R v Beckford and 8 others: Representing the lead defendant in the alleged triple murder during the summer Birmingham riots.  The case has received widespread and continuous press attention. The incident on 10th August 2011 and the actions of those involved were said to be the catalyst which resulted in the cessation of the riots. Over 25,000 in attendance at the funeral
    • R v Andre Johnson & 2 others: Representing the first defendant of three charged with the murder of a man whose body was found following an explosion in a south London flat. The body was discovered in the loft conversion of the flat which was completely destroyed. Post-mortem tests showed he died from head injuries from a shotgun wounds. trial fixed at the Central criminal Court in February 2013.
    • R v Kwakye and 3 others: Represented a 17 year old girl of good character charged, along with 3 other males, with the Murder of a 15 year old boy in Camberwell.
    • R v Sackey and 11 others – This was one of the largest murder trials in the history of the old bailey.  Represented a defendant charged with murder, attempted murder and violent disorder along with 11 others. 3 month trial.
    • R v AD and 2 others – Represented the first defendant alleged to have murdered the victim with a mach 10 machine gun outside a nightclub in East London.
    • R v Head and Head - Briefed to represent identical twins charged with murder of a neighbour by beating, attacking with a knife and setting light to the body.
    • R v Claydon and another - Briefed to represent defendant charged with Murder during a drug deal.
    • R v Hines and 6 others - Briefed to represent defendant charged with 7 others with conspiracy to murder.
    • R v Tilling – Defendant charged with murder after infliction of a fatal head injury during the world cup.
    • R v Gannon and 4 others – High profile 5 handed murder in which victim beaten to death whilst in the process of burgling one of the defendant’s flats. Murder trial lasted 3 months.
    • R v McMahon – Briefed to represent a defendant charged with murder following allegation that the victim was stamped to death in a bail hostel in an unprovoked attack.
    • R v Nathaniel and another – Attempted murder in which the Victim was shot at point blank range in the head outside a McDonalds in east London.
    • R v Ekeatte & another – Instructed in a multi handed murder in which victim stabbed to death on his doorstep.
    • R v Foster – Attempted murder in which defendant (a 60 year old female of good character) stabbed her husband’s lover 17 times in a Cambridge halls of residence and blinded the victim in one eye.
    • R v Bateman – Defendant charged with the Murder of his cousin by stabbing him in the heart with a samurai sword.
    • R v T and B- Briefed to represent a defendant charged Murder, causing or allowing the death of a child and neglect.

    Drugs and Other Serious Crime

    • R v Smith and 9 others - Defending the lead defendant in a conspiracy to supply cocaine valued at over £500 million. Allegedly one of the largest cocaine conspiracies to be prosecuted in the United Kingdom.
    • R v Franks and 2 others - Briefed to represent defendant charged with conspiracy to supply 1 million ecstasy tablets (the largest seizure of ecstasy in the UK), 40 kilograms of cocaine and possession with intent to supply 43,000 ecstasy tablets. This was a 6 month operation mounted by the Serious and Organised Crime Agency (SOCA) involving observations, probe and extensive telephone evidence.
    • The State v MB - Alleged international drug trafficker accused of trafficking 30 kilograms of cocaine per week for three years from Spain through France and into the UK. Trial in Bordeaux.
    • R v Williams and 5 others - £2 million drugs conspiracy collapse following public interest immunity argument.
    • R v McGee & another – Defended in a large scale importation of firearms from Lithuania.  
    • R v Walters and 4 others -Defended principal defendant of four in a ‘black on black’ shooting, robbery & kidnap. Case involved substantial cross-examination of prosecution witnesses to establish fabrication of evidence and exclusion of bad character & firearms’ residue.
    • R v Buntin and 3 others – Defended principal defendant in the kidnap and false imprisonment of a witness in a murder trial.
    • R v Browne-Defendant alleged to have poisoned his brother with medication following a family dispute.
    • R v Robinson and 4 others – Defendant indicted with possession of firearms with intent to endanger life (including a Tech 9 machine gun), threats to kill and conspiracy to blackmail following a 2 year operation by the Specialist Crime Directorate.
    • R v Oxley and 4 others - Defendant along with 4 others charged with conspiracy to rob. It was alleged that the defendants targeted retail outlets selling high value jewellery in particular Rolex.
    • R v D and 16 others - Briefed to represent defendant charged along with 16 others with conspiracy to steal cash points.

    Fraud and Financial Regulation

    • R v Gillespie and others - Briefed to represent lead defendant in alleged pharmaceutical fraud centred around counterfeit medicines sold with the European Union.
    • R v H and 41 others - Briefed to represent one of the lead defendants in “Operation exhort” a 42 handed fraud involving car insurance and mortgage fraud. The largest “cash for crash” Prosecution in the UK.
    • R v MS and 16 others - Acted for a defendant in “operation Tartrate” with smuggling offences resulting in £2 million of duty evasion.
    • R v Chapman and 5 others - Briefed to represent defendant in £3.2 million mortgage fraud.
    • R v M and 5 others - Briefed to represent defendant charged with 5 others with £31 million mortgage fraud and conspiracy to money launder.
    • R v D and 7 others - 8 handed building society fraud on the Abbey National targeting high value accounts.

    Proceeds of Crime Act

    • R v Gillespie Complex arguments re “hidden assets”
    • R v H and others Arguments re going behind acquittals of co-defendants in confiscation proceedings are suggestions of pooling the proceeds of Crime.
    • R v Gould and others Order sought for several hundred thousand pounds. Order made £1.
    • R v Atkinson and 3 others - Represented lead defendant in confiscation proceedings in which the Prosecution sought £2.2 million. Eventual order made for £45,000.
    • R v Riasat and 7 others - Briefed to represent defendant who along with 7 members of the same family charged with laundering the proceeds of drug trafficking
    • R v Christian and another - Drug trafficking and money laundering through bureau de change outlets at international airports.
    • R v Bahoum and 3 others – Undercover operation by the Specialist Crime Directorate targeting those laundering the proceeds of drug trafficking through retail outlets.

    Associated Work

    Professional Memberships

    • Criminal Bar Association
    • Young Fraud Lawyers Association
    • Middle Temple

    Directories

    Recommended as a leading junior in crime in Chambers and Partners UK 2012

    In 2008 Ben was the youngest ranked “Leading Junior” in Chambers and Partners directory.

    Contact

    T. 020 7067 1500

    E. bsmitten@25bedfordrow.com