Francesca Levett represented her client during his recent murder trial at Inner London Crown Court, instructed by Antony Lane of Stokoe Partnership Solicitors.
The client accepted full responsibility for the death of the victim, which occurred as a result of an incident at a London Underground station in August 2024. He pleaded guilty to manslaughter but denied murder, maintaining that he had no intention to cause serious harm.
The tragic events unfolded after the client was bumped on the escalator by the victim, who was described as being in his “own little world”. The client tried to remonstrate, but the victim did not respond as he was wearing headphones, and continued walking. The client caught up with the victim, grabbed his t-shirt as they ascended the stairs out of the station, causing it to rip. The victim turned around, and the client then threw a single punch from two steps below. This resulted in a backward, twisting movement of the victim’s neck, rupturing a vertebral artery. Tragically, this led to a sub-arachnoid haemorrhage which was not survivable.
Francesca opted to play part of her client’s interview under caution during evidence-in-chief, so that the jury could hear the utter disbelief and distress expressed by the client when he learned, during that interview, that the victim’s injuries were not survivable.
There was a difference of opinion between the pathologists as to the precise mechanism of the injury. This required evidence to be led and challenged from two leading pathologists. The defence pathologist opined that the mechanism was extremely rare, occurring approximately once every 18 months in the entirety of England and Wales, and that had death not occurred, the force used would have resulted in no more than a bruise. The prosecution pathologist agreed with the defence on the amount of force used and further opined that a punch with significant force would have been expected to cause a fracture to the client’s hand or finger. It appeared that the combination of the difference in height on the steps and the sideways motion of the punch caused the vertebral artery to rupture when pulled against the edge of the transverse process from within the transverse foramen.
Francesca attended prison conferences from the outset to ensure that her client was able to fully participate in, and understand, the proceedings – following up with written advice to enable him to digest what was discussed.
The client was granted legal aid for King's counsel alone but opted to retain Francesca as a junior acting alone throughout his trial.
The client was acquitted of murder and is yet to be sentenced for the manslaughter that he admitted.
Francesca is a criminal practitioner who has developed a significant practice in complex fraud, conspiracy, confiscation and regulatory work over the last twenty-seven years, whilst maintaining her expertise in cases involving serious sexual, violence and drugs offences. Francesca both defends and prosecutes, and also undertakes work on behalf of a number of local authorities in pursuing the more complex regulatory prosecutions. Francesca is recognised in the Legal 500 for her work in crime and was appointed as a Recorder in 2019.
