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.


Areas of Practice:

Ioana’s practice is rapidly growing as a criminal barrister and she is representing clients in both Crown and Magistrates Courts. She is often praised for her abilities and competence and is particularly versed in disclosure issues. Ioana has an incredible eye for detail and she is fearless in cross examination, leaving no stone unturned.

Ioana regularly represents young defendants 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 the 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 also 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 is fluent in Romanian and she often represents Romanian clients.


Notable cases

- R v K (Jun 2017) ­– St. Albans Crown Court – Ioana represented an 18-year-old charged with aggravated burglary and in alternative, burglary. L was alleged to be the driver and his defence was his lack of knowledge of the offence. L admitted having lied in the police interview and changed his live evidence from his defence statement that was signed on the first day of the trial. L was acquitted in one hour, codefendant convicted of burglary.

- R v L (May 2017) – Blackfriars Crown Court – Ioana represented L, accused of witness intimidation resulting from a trial involving a domestic violence assault. Weeks before the trial, Ioana represented L in an appeal against his conviction, successfully cross examining the Complainant on her subsequent behavior and her abusive behavior throughout. L was acquitted of both counts of assault, resulting in the Crown offering no evidence in the witness intimidation indictment on the first day of trial.

- R v S (Mar 2017) - Isleworth Crown Court - Ioana represented a 17-year-old boy in an appeal against conviction in a three-handed robbery against a vulnerable victim. The trial involved cross-examination of a vulnerable child and extensive cross examination of police officers in relation to the client’s search. One officer found the item and another had witnessed it. The judge found that he cannot be sure that a necklace belonging to the victim was found in S’s pocket because of the inconsistencies in the investigation.

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

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

- R v S (2016)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.

- 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.

- R v L (2016) – Willesden Magistrates Court – Ioana 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 W (2016) - Stratford Magistrates Court – Ioana represented W who was 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. In another case, Ioana acquitted W of an assault raising the automatism defence.

Forfeiture:

- R v C (2016) - Camberwell Green Magistrates Court - Successfully persuaded the tribunal on the balance of probabilities that C is entitled to reclaim his £12,000 in cash from the police. C was a Romanian citizen 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. C was sentenced to an absolute discharge.

- R v D (2016) – Highbury Corner Magistrates Court – D 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, but Ioana successfully argued that D 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 giving her a particular insight into Terrorism law and Public Interest Immunity.