Rebecca Upton

Rebecca has a very strong criminal practice and undertakes work in all areas of criminal law including murder, manslaughter, death by dangerous / careless driving, serious violence, sexual offences (including rape and possession of indecent images), drugs, fraud and arson.

Rebecca has been instructed as leading junior and has been led on many occasions. She is often involved in multi handed cases and has particular experience in questioning expert witnesses. She also has regular instructions in cases involving vulnerable clients and witnesses, including those who need intermediaries, and those who are very young or mentally unwell.

Notable Crime cases

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Fatal and Serious Violence

R v SD (2023) Inner London CC

SD was charged with conspiracy to transfer a firearm with intent to endanger life. She was charged with 3 others in relation to a gun which was intended to be used in the intercepted Hyde Park Corner terrorist attack. The evidence presented included the recordings of calls made from prison, NCA analysis of language used, as well as telephone and cell data.

R v JS (2024) Lewes CC

Junior counsel, JS was charged with the murder of his mother. JS had a significant history of poor mental health. After obtaining a number of reports a plea to manslaughter was accepted and JS was made subject to a hospital order.

R v IC (2024) Maidstone CC

IC was charged with aggravated burglary, GBH, possession of firearms and machetes and drug supply. He denied all offences. The initial trial was adjourned after successfully arguing D1 should not be severed from the indictment. A successful submission was made at the end of the Prosecution case that there was no evidence to support IC presence or participation in the alleged offences.

R v DR (2024) Lewes CC

DR was charged with misconduct in a public office, on the basis that he had conducted a sexual relationship with a vulnerable junior staff member who he managing. DR denied the allegation. Careful analysis of the internal records, showed a timeline of events which supported DR account. A number of senior members of the police force were called to give evidence and the trial was subject to media scrutiny given DR was an officer at the time of the alleged offences.

R v JI (2024) Lewes CC

JI was charged with kidnap and false imprisonment. Analysis of the telephone evidence and cell site data, cast doubt on the complainant’s account. Cross examination of him resulted in him suggesting that JI was also a victim at the hands of D1. JI could not be called to give evidence and had not given an account in interview. Closing submissions were focussed on whether JI’s presence indicated that he had participated or had knowledge of any offence taking place.

R v KZC (2024) Lewes CC

KZC was a vulnerable young female who was present when a police raid at her friend’s home revealed a firearm and ammunition were present. KZC admitted knowing that the exhibits were there but denied possession of them. A full defence statement set out her case and following written submissions and the service of a number of authorities the Prosecution reviewed the case against her and offered no evidence. KZC was also going through Family Court proceedings at the same time and care had to be taken as to them impact of the CC case on those.

R v MH (2024) Inner London CC

Junior counsel, MH was charged with the murder of a man in a “crack den”. The allegations involved MH cuckooing a flat and inflicting physical and sexual violence on the owner, leading to a confrontation where the deceased tried to stab him. MH denied that he was responsible for the killing, and implied that one of the 2 co defendants must have inflicted the fatal wounds. The case has involved consideration and analysis of over 4,500 pages of evidence and unused material, including detailed scientific and crime scene evidence. The Prosecution have treated 2 of the main witnesses as hostile as a result of their refusal to give evidence, and they were remanded in custody as a result of an arrest warrant having to be issued.

R v RB [2023] Lewes CC

Sole counsel, RB was charged with the attempted murder of his wife, by attempting to smother her and then kill himself. After successfully having RB transferred from prison to hospital the CPS were persuaded to stop the case against RB.

R v TW [2023] Croydon CC

TW was charged with s18 GBH by allegedly stabbing another male in the face. TW disputed the identification evidence, and although the application to dismiss did not succeed the Prosecution offered no evidence shortly afterwards based on those submissions.

R v JB [2023] Lewes CC

Junior counsel, JB was charged with other with murder, after having attended a rural location in a bid to steal cannabis. The Prosecution were persuaded to drop the count of murder and accept a plea to conspiracy to steal.

R v LK [2023] Portsmouth CC

LK was charged with s18 GBH having punched a take away owner causing him to fall and sustain serious head injuries. The CPS eventually accepted a plea to section 20 GBH.

R v CB [2022] Lewes CC

CB was charged with 7 counts of child cruelty. The police attended the home address and discovered some of the children and a large number of dogs in a house which was filled with faeces and mouldy food. The children had suffered significant physical and mental trauma from the conditions they had been kept in.

R v GM [2022] Hove CC

Sole counsel, GM was charged with the attempted murder of his wife by striking a number of blows to her head with a hammer in their home. GM had a significant medical history and a number of expert reports were obtained, He was found unfit to plead and a trial of the act took place. GM was made subject to a hospital order.

R v MB [2022] Winchester CC

Sole counsel, MB pleaded guilty to manslaughter, having caused the death of his infant son 4 years before by shaking him. The Prosecution appealed the sentence imposed as unduly lenient.

R v KN [2022] Lewes Crown Court

KN was charged with attempted murder. He stabbed his partner multiple times before being restrained until the police arrived. After representations were made to the Prosecution a plea to section 18 wounding was accepted.

R v KC [2022] Hove Crown Court

KC was charged with another of cruelty to a child. The defendants blamed each other. This case involved consideration of voluminous disclosure from the family court proceedings, as well as third party material.

R v AW [2021] Portsmouth Crown Court

Junior Counsel, AW was charged with the murder of a neighbour by setting him on fire. The 2 men were in a dispute over money when the attack occurred outside the victim’s home. AW denied that he had intended really serious harm.

R v NS [2021] Chichester Crown Court

NS was accused of stabbing his on/off partner and then threatening to kill her. He denied that he had injured her at all, and stated that she had caused the injuries to herself.

R v CC (2021) Lewes Crown Court

Junior counsel, CC was accused of murdering his girlfriend whilst they were on a camping trip. There was no ascertainable cause of death.

R v JB [2021] Hove Crown Court

JB was charged with causing grievous bodily harm with intent (stabbing) with others, although he was tried alone.

R v WM [2021] Brighton Crown Court

Junior Counsel –  WM was charged with murdering his partner at her home during lockdown.

R v LH [2019] Lewes Crown Court

Leading counsel for LH who was charged with attempted murder of his partner in her home.

R v TH [2018] Hove Crown Court

Leading counsel on an attempted murder, involving 5 co-defendants, acting for the first defendant.

Drugs

R v AW (2024) Isleworth CC

AW was extradited from Spain and charged with conspiracy to supply over 150kg of class A drugs with a value of £8 million. He was the leader of the West London Group who used Encrochat phones to communicate. AW was the son of a man who had been the victim of a conspiracy to murder, and it was submitted in mitigation that this had led to his involvement in these offences, which the Prosecution vigorously contested. Submissions were also made regarding the time he had spent in custody pending extradition and the level of credit he should be afforded given the basis of plea was disputed.

R v JB [2023] Hove CC

JB was charged with 5 others with the exportation of kilos of class A drugs disguised as beauty products to the USA and Australia. The Prosecution were persuaded to accept a plea to assisting an OCG.

R v SA [2023] Snaresbrook CC

Counsel instructed for a Newton hearing in a case where SA had pleaded guilty to 2 counts of conspiracy to supply over 100 kilos of class A drugs as part of a gang over a period of 4 years.

R v DM [2023] Maidstone CC

DM pleaded guilty on a basis to being concerned in the supply of cannabis and production of cannabis, after a large farm was discovered on the land he lived on.

R v KO [2022] Lewes CC

KO was charged with others with conspiracy to supply class A drugs. A lengthy delay between her plea and sentence led to submissions that she should not be sent to prison, and a suspended sentence was imposed.

R V JP [2022] Lewes Crown Court

JP was alleged to be involved in a drugs conspiracy by providing logistical support to a gang by hiring vehicles for them. JP denied that he had any involvement in the supply of drugs, but accepted being a user who purchased from those involved. Careful analysis of the phone evidence led the Prosecution to offer to evidence.

R V SG [2021] Portsmouth Crown Court

SG denied being involved in supplying drugs despite being found in a car where drugs were present, with her boyfriend who pleaded guilty. After serving a detailed defence statement the Prosecution offered no evidence.

R V IC [2021] Guildford Crown Court

IC admitted supplying class A drugs for a second time. Careful mitigation ensured he was sentenced to a lesser term of imprisonment than suggested by the Guideline. POCA proceedings followed, where the Prosecution accepted submissions on the assets and available amount, lowering both figures significantly.

R V KD [2021] Lewes Crown Court

KD admitted her role in a large drug supply. Due to careful representations on her role in the offence, and the reasons behind her involvement she was sentenced to a shorter term of imprisonment and the Prosecution were persuaded to discontinue POCA proceedings against her.

R V JD

JD admitted being involved in a year long conspiracy to supply class A drugs with others. Despite his late guilty plea he was sentenced to a term of imprisonment that the Attorney General referred to the Court of Appeal. The Court refused the application to increase the sentence and found that it was not unduly lenient.

R v IE [2021] Lewes Crown Court

IE admitted her role in a conspiracy to supply drugs on a basis at an early stage. The Prosecution were persuaded to accept this and as a result she was sentenced at a much lower level than was suggested at the outset.

R v JM [2016] Lewes Crown Court

JM was charged with supplying class A drugs to his girlfriend, who subsequently died as a result of taking them.

R v SH [2017] Lewes Crown Court

SH was charged with 2 others with running an industrial style cannabis factory in a shed in her garden.

R v TM [2012] Lewes Crown Court

Importation of 1.8 tonnes of cannabis from South Africa, defendant with serious mental health issues.

Sexual Offences

R v IM (2024) Inner London CC

IM was charged with the false imprisonment and rape of a stranger after being abducted from the street and drugged. The defendant’s case was that all sexual activity was consensual.

A section 8 application had to be made to ensure all disclosure was provided. The behaviour of the complainant, in discussing evidence with another witness, led to the jury being discharged at the first trial, and an abuse of process application being made due to the Prosecution’s failure to investigate her actions. Although the submission was refused cross examination of the complainant and the first complaint witness at trial established lies told by her.

R v WB [2022] Lewes Crown Court

WB was accused of publishing an obscene article based on WhatsApp communications that were sent to the NCA by an anonymous source. Representations were made to the Prosecution resulting in them offering no evidence.

R v KR [2022] Lewes Crown Court

KR is a doctor who admitted sexually assaulting a co worker on duty. Having heard full mitigation KR was made subject to a community order.

R v ST [2022] Hove Crown Court

ST was accused of failing to comply with notification requirements on release from prison. He denied that he had been informed of them and staff from the prison were cross examined to this effect.

R v JM [2021] Lewes Crown Court

Defended JM who was charged with sexual offences against 2 strangers on the same night.

R v AH [2021] Hove Crown Court

AH was charged with rape, sexual assault, and threats to kill in a domestic setting. A detailed section 41 application had to be made.

R V PH [2020] Hove Crown Court

PH was accused with another of allowing her children to be sexually abused and performing sexual acts in front of them.

R v GA [2016] Lewes Crown Court

Leading junior in a multi defendant, multi count, rape indictment likened to the Rotherham grooming case.

Modern Slavery

R v SSH [2023] Portsmouth CC

Leading junior in a two handed trial where SSH was charged with holding her husband in modern slavery by neglecting his care needs, limiting the occasions he was taken out of the house, and controlling the contact he had with others over a 4 year period. This Prosecution was the first of its kind. SSH was also charged with aiding and abetting a care worker, theft and fraud.