Kannan Siva prevents convictions for serious drug trafficking offences following defence submissions based on the principle of “double jeopardy”

Kannan Siva, instructed by Aidan Woods Solicitors in Bristol, assisted in securing Not Guilty verdicts for the defendant (MD) in the Crown Court at Kingston on 25 May 2021.

MD faced two counts of conspiring to supply large quantities of cocaine and diamorphine in an alleged leading role over a 20-month period. Kannan’s written application to stay the proceedings argued that it would be unfair to prosecute MD again because he had already pleaded Guilty and been sentenced in the Bristol Crown Court over a year ago for essentially the same offending, conspiring to supply cocaine and producing crack cocaine, albeit that the Bristol indictment only particularised one day’s involvement. It was unfair to allow the Prosecution to “re-open again and again what is in effect the same matter”, particularly where the Court had previously proceeded on an uncontested basis of plea, limiting MD’s involvement to a significant role. MD had been led to believe that the conclusion of the Bristol case was the end of the matter. The Prosecution “offered no evidence” against MD on both counts on the Kingston indictment in the “public interest” and made specific reference to Kannan’s submissions as well as guilty pleas from other defendants. 

For more information contact Bonnie ColbeckKen Duthie or Joanna Cload