Barristers

Martha Smith-Higgins

Martha Smith-Higgins

Position

Martha is a busy sought-after junior and has a noteworthy practice. She accepts instructions across all areas of criminal, regulatory law and inquests. Martha is experienced in handling serious criminal cases involving violence, sexual abuse, slavery and drugs offending.

Career

Notable cases include:

R v DW (Operation Devour), Preston Crown Court – Defence of a youth charged alongside 26 other defendants in a multi kilogram cocaine and heroin conspiracy. Case ongoing.

R v AK, Cardiff Crown Court – Martha represents a physiotherapist charged with sexual offending against his patients. The case is prosecuted by KC alone. Case ongoing.

RCT v Griffiths & Others, Merthyr Tydfil Crown Court – Martha is currently led junior counsel for the prosecution, led by Lee Reynolds in the prosecution of 10 defendants charged with a global fraud in excess of £2 million. The charges relate to the lead defendant selling ‘cracked’ TV boxes to allow free view of paid-for channels. The case involves calling expert evidence relating to copyright infringement. The remaining defendants are members of the family who are alleged to have laundered the proceeds of crime.

R v Anthony Manson, Cardiff Crown Court – Defence of a man charged with offending relating to allegations that he founded a religious cult and recruited women to live remotely with him. The defendant is alleged to have used violence and drowning methods to control. Case ongoing.

R v Ashton Evans, Central Criminal Court – Martha was led by Jonathan Rees KC in the defence of a man charged with failing to disclose information about terrorist acts. The case arose from a police investigation under the National Security Act following a Russian-ordered arson attack on a London warehouse containing goods destined for Ukraine and surveillance on two further targets in Mayfair.

R v SD, Newport Crown Court – Defence of a man charged with rape and assault by penetration of a woman allegedly unable to consent (lack of capacity). As part of the defence case, expert evidence called to challenge the levels of intoxication. Defendant acquitted on all counts after trial.

R v S Kaid & Others (Operation Biggin) – 6-handed drugs case. Martha was instructed to represent the first defendant charged with the supply of almost 3kg of cocaine.

R v Milne, Cardiff Crown Court – Defence of a vulnerable defendant who was charged with the attempted murder of a man in the street in front of a number of probation officers.

R v Reed Wischhusen, Bristol Crown Court - Defendant charged with explosives and firearms offences in relation to mass shooting plan, appeared for the Prosecution led by Jonathan Rees KC.

R v JW, Cardiff Crown Court - Defence of a man charged with historic sexual allegations involving children within his religious community. The defendant was acquitted after trial.

R v Southwood, Newport Crown Court – Defendant charged with murder of convicted sex offender brother-in law. Instructed to defend, led by Jonathan Rees KC.

R v Smith & Others (Operation Vemtor), Merthyr Tydfil Crown Court - Leading counsel in the defence of a man charged with involvement in a largescale conspiracy to supply Class A drugs in and out of South Wales. The conspiracy alleged the purchase of at least £3.3m of cocaine and supply of over 114kgs. The defendant was alleged to be a courier. He was arrested with over £63,000 in cash in his van. He was acquitted after trial.

R v Freibergs, Stankevicius, Stankeviciene, Newport Crown Court – Prosecution counsel in the first prosecution brought by the Gangmasters and Labour Abuse Authority (GLAA) in Wales.

Reported cases:

R v Owen David [2023] EWCA Crim 1561 - The case was heard before the Vice President as it was the first case before the Court of Appeal which dealt with the imposition of a positive requirement in a Sexual Harm Prevention Order. Against Treasury Counsel instructed for the Respondent, Martha successfully argued that the imposition of a positive requirement that the appellant participate in polygraph testing was unnecessary, disproportionate and did not comply with the requirements of section 343 and 347A the Sentencing Act 2020.

R v Ellis [2024] 2 Cr. App. R (S.) 14 - Martha represented the Appellant who was sentenced after repeatedly stabbing his twin brother. It was successfully argued that the absence of remorse should not have been treated as an aggravating factor. The sentence of two years immediate imprisonment was reduced and suspended. The appellant was released from custody. This case is cited in Archbold and the Sentencing Referencer.

Memberships

Grade 3 CPS Prosecutor

RASSO Panel Member

Level 3 Serious Crime Panel Advocate

Member of the Wales & Chester Circuit

Member of the Criminal Bar Association

Middle Temple Wales Circuit Society Committee Member

Education

LLB Law, Cardiff University (2017)

Jules Thorn BPTC Scholarship, Middle Temple (2017)

BPTC (Outstanding), Cardiff University (2018)

Certificate of Honour, Middle Temple (2018)

Mentions

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