Subagarey Pathmanathan

Cases

Criminal Defence

R v BK (2022) D was charged with two counts of threatening with a bladed article in a private place and two assaults. It was alleged he had held a knife up to his former father in law’s throat and then threatened to kill his ex-wife with the knife while she was holding their baby. D was acquitted after trial on all four counts.

R v MJ (2023) D was charged with sexual assault on a stranger but was acquitted after trial, despite the admission of very similar bad character evidence.

R v MA (2023) D was charged with PWITS but the Crown accepted simple supply upon receipt and review of Subagarey’s written application to dismiss.

R v KS (2023) D was convicted of PWITS Class A (Operation Monaco 21) after offending within a joint enterprise with her son, who was sentenced to over 6 years’ imprisonment after credit. Despite the Crown submitting that a starting point of 8 years was appropriate, due to the quantity and purity of the drugs, Subagarey successfully persuaded the court to impose a 2 year suspended sentence order.

R v FM (2023) D was alleged to have attempted to stab C to the head with a knife and to have then attacked C over the head with a hammer. Due to a number of prosecution failings, Subagarey persuaded the court to take the exceptional course of refusing to allow the Crown’s application for an adjournment on the day of trial. The Crown offered no evidence as a result.

R v HI (2021) D pleaded G to perverting the course of justice. Despite the wealth of case law indicating that immediate custody would be the near inevitable outcome, Subagarey successfully persuaded the court to impose a suspended sentence order.

R v NA (2021) D pleaded G to 8 counts of PWITS Class A and possession of criminal property. Two of the PWITS Class A offences were committed while D was on bail for the first PWITS offences. Despite this, Subagarey successfully persuaded the court to impose a 2 year suspended sentence order.

Criminal Prosecution

R v W (2023) Subagarey applied to amend the indictment alleging possession of a bladed article to the more serious offence of threatening with an offensive weapon, to better accommodate the evidence due to be called at trial, and subsequently secured a conviction on this latter offence.

R v M (2022) Two handed burglary, where it was alleged that a group of males had broken into a house, held a knife to C, and raided the cannabis factory within the home. Subagarey secured convictions of both individuals at trial.