IOANA NEDELCU

 

Call Date: 2012

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Background:

Ioana joined Farringdon after successfully completing her pupillage under the supervision of Martin McCarthy. Prior to qualifying as a barrister, Ioana has worked for various solicitor firms with busy criminal practices and she was exposed to serious crime, such as murder, fraud and drug conspiracies.


Areas of Practice:

Ioana’s practice is rapidly growing as a criminal defence barrister and she is representing clients in both Crown and Magistrates Courts. Ioana is also often instructed in civil applications (forfeiture, applications under the Modern Slavery Act) and she represents clients in confiscation proceedings, extradition and a vast range of driving offences.

Ioana often represents defendants with mental health difficulties, youths and individuals who find themselves in trouble for the first time. She is commended for her thorough research and for going the extra mile by tailoring her approach to meet each client’s needs. She is approachable and takes particular care when advising clients, giving them confidence that she will do her utmost best for them.

Ioana is fluent in Romanian and she often represents Romanian clients.


Notable cases

- R v P (Nov 2016) - Stafford Crown Court – Led junior by Martin McCarthy in a multi handed drugs conspiracy (class A and class B). The case involved detailed examination of the call and cell site data.

- R v S (Nov 2016) - Uxbridge Youth Court - Ioana represented a 17-year-old boy charged in a three-handed robbery against a vulnerable young witness. The trial involved cross-examination of a vulnerable child and cross examination of a police officer in relation to the client’s search.

- R v J (2016) - Caernarfon Crown Court - Acquittal after 30 minutes for a client charged with cultivation of cannabis (335 plants found at an apartment in Wrexham). Reported: http://www.dailypost.co.uk/news/north-wales-news/man-cleared-growing-cannabis-wrexham-11958463.

- R v A (2016) - Canterbury Crown Court - Ioana represented a Defendant who facilitated illegal entry of a 16-year-old daughter of his friend.

- R v S (2017) – Westminster Magistrates Court – Ioana’s client was acquitted of assaulting and obstructing a police officer after advancing successful submissions on what takes an action of police officers outside their duties. The case involved lengthy cross examination of six police officers who claimed that they had been assaulted and obstructed by Ioana’s client and two others.

- R v J (2016) – Uxbridge Magistrates Court – A 76-year-old Defendant was acquitted after trial of an assault and two charges of possession of an offensive weapon in public. The Defendant made admissions in the police interview that he had picked up a knife and a crow bar in order to scare the Complainants away from his property. Both Complainants gave evidence, but the Bench’s attention was drawn to the many inconsistencies in their evidence, which eventually led to the acquittal of the client.

- R v L (2016) – Willesden Magistrates CourtIoana persuaded the Bench to dismiss the charges on the conclusion of the Crown’s case on the basis that the words used by the Defendant were neither “threatening/abusive or disorderly,” but rather rude or insulting, which are no longer caught by s. 5 of the Public Order Act.

- R v R (2016)- Wimbledon Magistrates Court – Despite the overwhelming evidence and the damaging CCTV, Ioana secured an acquittal for a client charged with two assaults against waitresses at a pub where he was in attendance during his aunt’s wake.

- R v M (2016) - Hendon Magistrates Court - Following a Guilty plea entered in the Magistrates Court to fraud by misrepresentation in a case related to a driving license fraud, Ioana persuaded the DJ to retain jurisdiction despite the starting point being immediate custody of over 6 months. Ioana then successfully persuaded the judge to suspend a custodial sentence, distinguishing current case law and arguing that the danger to the public was lower in this particular case.

- R v W (2016) - Stratford Magistrates Court - Ioana represented a client with mental health difficulties, charged with three assaults against complainants attending the same mental health center. Following a successful half time submission, two charges were dropped and in the end, Ioana’s client was acquitted of the final assault.

- R v O (2016) - Hammersmith Magistrates Court - Secured acquittal for a client charged with possession of a bladed article after successful cross examination of the police officer and raising doubts as to the fairness of the investigation.

- R v R (2016) - Ealing Magistrates Court - Successfully persuaded the court to exclude all the Crown’s evidence under s. 78 on one count of malicious communication and one count of criminal damage and the Crown was forced to offer no evidence on those two counts. Client further acquitted of the last count, a domestic violence assault.

Forfeiture:

- R v C (2016) - Camberwell Green Magistrates Court - Successfully persuaded the tribunal on the balance of probabilities that her client is entitled to reclaim his £12,000 in cash from the police. Ioana’s client was a Romanian citizen, who was not living in the UK, and was suspected of being part of a criminal organised group that was involved in stealing cards from nightclubs.

Driving offences:

- R v C (2016) – Bexleyheath Magistrates Court – Following successful interrogation of the witnesses and presentation of the evidence, the Bench found that there are special reasons not to impose any points in a driving without insurance case. The Bench were also persuaded not to impose any costs and sentence the Defendant to an absolute discharge.

- R v D (2016) – Highbury Corner Magistrates Court – The Defendant in this case was charged with failure to provide a specimen and due to his previous convictions, he was looking at a 3-year driving ban. The Bench dismissed the charge at the conclusion of the Crown’s case after a successful application of no case to answer. There was no expert report relied upon in the case in this case, but on the evidence that was heard, Ioana successfully argued that the Defendant was in a physical incapacity to provide the specimen and that once a reasonable excuse was raised, it was for the Crown to disprove the Defence at the criminal standard of proof.


Education:

University College of London, LLM (2014-2019)

City Law School, Bar Practice Training Course (2012)

City University, LLB Degree (2:1) (2011)

Leysin American School Switzerland, Full IB (2008)

 

Memberships:

Gray’s Inn

Criminal Bar Association

 

Other information:

Ioana is fluent in Romanian and conversational in Spanish and German.

Ioana leads an active lifestyle and enjoys skiing, tennis and spin classes. When she finds the time, she enjoys a good play, international cuisine and travelling.

Ioana is also a flexible postgraduate student at University College of London, expanding her legal horizons in the intellectual property and competition law field. Given the interesting developments in this field, she also studied Aspects of National Security Law.