Shekyena Marcelle-Brown

Call 2019

“She is well organised, timely and approaches cases in a methodical way.”

Hodge, Jones & Allen

“I was delighted to be contacted by each defendant after proceedings had concluded, both of whom praised Miss Marcelle-Brown’s client care, attention to detail and advocacy during trial.”

SMQ solicitors

“Shekyena’s bubbly personality and attentiveness allow her to build a rapport with lay clients and put them at ease, during what can be a difficult and stressful time.”

“Shekyena’s calm and confident manner allows her to put forward her client’s case in a clear, concise way and make submissions that achieve positive results.”

Expertise

Shekyena regularly defends a broad range of offences such as violence including domestic abuse, animal cruelty, road traffic, public order, drugs, and weapons in the Crown, Magistrates’ and Youth courts.

Notable Crime cases


Crown Court and Magistrates' Court

R v MA [2023] Snaresbrook Crown Court

Secured acquittal of vulnerable client with bipolar disorder who acted in self-defence against excessive force used by the police. Following the jury’s not guilty verdict, the judge expressed “very real concerns” about the complainant officer’s conduct that came to light during the cross-examination of the officers. To restore public confidence in the police, in the presence of the jury, the court extraordinarily ordered that the complainant officer’s conduct is brought to the attention of the Detective Chief Superintendent with the view that he is retrained in dealing with vulnerable people and anger management.

R v AB [2023] Reading Crown Court

Secured a suspended sentence for client who pleaded guilty to a joint enterprise burglary, which involved the client climbing through the complainant’s window at night and threatening him with a knife before stealing money. Persuaded the court not to impose immediate custody by highlighting the significant rehabilitative steps taken by the client to address his long history of drug related offending, including abstinence for three years and being described as the “only true success story” by a drugs and alcohol support service. The Judge in her reasons described this as an “exceptional case”.

R v DS [2023] Peterborough Crown Court

Secured an acquittal for a client of good character accused of GBH. Following the complainant’s evidence-in-chief, which wholly undermined the prosecution’s case, and in advance of any cross-examination, Shekyena made submissions before half time which left the prosecution no choice but to offer no evidence. As a result, the jury were directed to return a verdict of not guilty and the client maintains his good character.

R v AD [2023] Hove Crown Court

Secured a suspended sentence for client who pleaded guilty to ABH for strangling his ex-partner in the presence of their child. Persuaded the court that there was significant mitigation and exceptional circumstances which meant that immediate custody should not be imposed in line with the Court of Appeal’s guidance on offences involving intentional strangulation in R v Cooke [2023] EWCA Crim 452.

R v RK [2023] Oxford Crown Court

Successfully appealed the conviction and sentence of a taxi driver who originally received a suspended sentence and 29 month disqualification for driving offences. Identified case law to support the client’s case that his limited English amounted to a reasonable excuse. The court sought to adjourn the appeal due to the absence of prosecution counsel and were persuaded to refuse the adjournment, and consequently allowed the appeal.

R v LMS [2022] Stratford Magistrates Court

Secured an acquittal for a vulnerable client with mental health conditions accused of making homophobic comments to a stranger.

R v BB [2022] Stevenage Magistrates Court

Secured a conditional discharge for client who pleaded guilty to criminal damage caused in a road rage incident.

R v SC [2022] Ealing Magistrates Court

Fearlessly represented a vulnerable client charged with Burglary in relation to £10 and attempted burglary in relation to same complainant, where the client was willing to plead to the overcharged offences and faced a starting point of 3 years’ imprisonment. Successfully negotiated a plea to the lesser offences of theft and violence to secure entry which resulted in the client avoiding imprisonment and sentenced to a standalone compensation order of £50 for each offence.

R v BA [2022] Westminster Magistrates Court

Secured an acquittal for a law student accused of battery.

R v SS [2022] Oxford Magistrates Court

Successfully resisted an application to adjourn resulting in the Crown offering no evidence and the case being dismissed.

R v AS [2022] Oxford Magistrates Court

Secured an acquittal for a fisherman accused of possession of bladed article by successfully proving the defence of good reason. Persuaded the court that the client was on a fishing trip and that the knife was a credible fishing tool and therefore he had lawful excuse for possession.

R v IA [2022] Wimbledon Magistrates Court

Secured a non-custodial sentence for a vulnerable client who pleaded guilty to possession of firearms which were found at his property as a result of developing an interest in guns to combat his declining mental health and loneliness during the Covid-19 pandemic lockdown.

R v CB [2022] Croydon Magistrates Court

Secured an acquittal for a client accused of criminal damage against his sibling’s property where identification was in issue.

R v PS [2021] Inner London Crown Court

Secured a unanimous acquittal for a client accused of making an arson threat against his ex-partner who was an arson victim.

R v DK [2021] Kings Lynn Magistrates Court

Secured a suspended sentence for a client who pleaded guilty to five counts of assault of an emergency worker, threatening behaviour, criminal damage and failure to leave land being used for an illegal rave.

R v CF [2021] Bristol Magistrates Court

Secured an acquittal for an Extinction Rebellion protestor who obstructed the highway by sitting in the way of traffic.

R v KH [2021] Willesden Magistrates Court

Secured acquittal for a client accused of domestic assault against his son with supporting evidence given by his estranged wife and daughter-in-law.

R v RS [2021] Great Yarmouth Magistrates Court

Secured acquittal for assault by beating and criminal damage.

R v RF [2021] Wimbledon Magistrates Court

Successfully made a submission of no case to answer for a client accused of a section 4 public order offence.

R v CF [2021] Southend Magistrates Court

Secured an acquittal for one count of ABH and successfully made a submission of no case to answer on three counts of ABH for a client accused of strangulation during intercourse and other domestic incidents.

Youth Court

R v AW [2023] Guildford Crown Court

Secured acquittal for youth client accused of possession of a firearm during joint enterprise armed robbery. The jury found the client not guilty of possessing a firearm alleged to have been used during the robbery of a car. In addition, the jury was unable to reach a verdict on the robbery, which led to the prosecution offering no evidence on the robbery. The not guilty verdict was returned on the client’s 16th birthday.

R v AS [2022] Croydon Crown Court

Successfully appealed against sentence where a Criminal Behaviour Order (CBO) was imposed on conviction. Argued that the CBO was procedurally illegal as the application was made by the police rather than the CPS as required by law.

R v BS [2022] Uxbridge Youth Court

Represented a youth in a 5-handed robbery trial where the Crown relied on CCTV and identification by a police officer that placed the client at the scene, which he accepted at interview. The questionable quality of the CCTV and the officer’s flawed investigation of the case resulted in the Crown offering no evidence mid-trial.

R v TCP [2022] Bromley Youth Court

Avoided mandatory custody for second strike bladed article offence.

Civil Orders

Metropolitan Police v K [2022]

Successfully applied for a Stalking Protection Order following a lengthy and detailed legal argument about the purpose and necessity of the order.

Shekyena has extensive experience in Regulatory law and Professional Discipline. She accepts instructions from regulators and regulated professionals at all stages of the professional disciplinary process. She has years of experience having previously worked at the Nursing and Midwifery Council, the Health and Care Professions Council, the Financial Ombudsman Service, and the Adjudicator’s Office (HM Revenue & Customs).

Notable Professional Regulation cases


NMC v DW [2023]

Complex substantive hearing involving wide-ranging allegations of serious patient harm, medication errors, practising without an effective PIN, and lack of knowledge of English, which resulted in a striking off order. Notwithstanding the challenges posed by the allegations being over 4 years old, the unrepresented registrant’s language barrier, witness issues, and numerous evidential obstacles, it was noted that Shekyena’s “presentation of the case and conduct with an unrepresented Registrant was exemplary”.

NMC v MS [2022]

Case involving two sets of allegations in 2017 and 2019 whereby a senior nurse had repeatedly made medication errors and put patients at harm at numerous places of employment over a number of years which resulted in her being dismissed each time. The registrant then sought new employment on several occasions where she dishonestly and intentionally failed to disclose her dismissals and history of medication errors during the application process, having received an NMC caution for the same in 2017. This resulted in a striking off order.

NMC v BC [2022]

Successfully opposed a complex hearsay argument by persuading the panel that the hearsay evidence was not sole and decisive. The NMC sought to rely on the hearsay evidence of Patient X (who was allegedly abused by the registrant) and Patient Y (who overheard the alleged incident). This hearsay evidence was corroborated by one witness who only overheard the alleged incident. The case involved a registrant accused of falsifying patient records, dishonesty concerns, and physical and verbal abuse of a vulnerable patient.

NMC v AM [2022]

Complex case involving dishonesty allegations whereby the NMC relied on the evidence of a witness with a finding of dishonesty against them. The case involved a registrant accused of concealing a patient error where he and a Consultant Anaesthetist had administered anaesthetic for a nerve block procedure on the wrong side of the patient. The key witness for the NMC was the Consultant Anaesthetist, who had been suspended for 4 weeks for admitting dishonesty and the same factual allegation at his regulator’s fitness to practice hearing. This raised issues with the credibility of the witness, however it was argued that the witness was credible in this case as he had self-reported the incident to the Trust and had been open and honest by way of his full admission during his regulatory proceedings.

NMC v SP [2022]

Successfully opposed a lengthy legal argument on a submission of no case to answer. The case involved a senior nurse accused of sexual harassment and breaching professional boundaries with a patient and colleagues. The allegations related to the registrant allegedly abusing his position as a nurse to contact a young female patient that he had cared for, via social media. The alleged conduct also involved the registrant, who was in his mid-30s, pursuing very junior female colleagues that were students and apprentices, one as young as 17, by reading their name badges and searching for them on social media in order to instigate a sexual relationship.

 

NMC v TS [2022]

Complex case involving a registrant accused of numerous medication errors, failing to properly respond to an emergency where the resident later died, and having a lack of the necessary knowledge of English to practise safely. The registrant’s representative withdrew during the hearing which caused difficulties as the registrant was now unrepresented and it was important to ensure she continued to have a fair hearing by raising points, where appropriate, that might have been if she still had legal representation.

LLB (Hons), Nottingham Trent University 

BPTC (LLM), BPP Law School 

The Honourable Society of Inner Temple

The Criminal Bar Association (CBA)

Women in Criminal Law (WICL)

Association of Regulatory and Disciplinary Lawyers (ARDL)

Young Fraud Lawyers Association (YFLA)

Criminal Bar Association Bursary Prize (2021) 

Marshall Hall Trust Pupillage Award (2020)

Inner Temple Cumberland Lodge Residential Weekend Bursary for advocacy training on Public Inquiries (2018) 

BPP bursary for demonstrating potential to excel on the course and at the Bar (2018) 

Inner Temple Exhibition Award (2018) 

Inner Temple Duke of Edinburgh Award (2018)

Grade 1 CPS Panel Advocate

NMC advocacy training (2021)

YJLC youth justice training (2021)

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