Graham Russell
CPS Grade: 4 - Serious and Organised Crime Panel
Direct Access
Accredited by the Bar Council under the Direct Access scheme, and in suitable cases welcomes instructions directly from members of the public. Please see the Direct Access section of this website for further details.
Areas Of Specialism
Murder and manslaughter, Firearms, Controlled Drugs and Gang-related offences, Rape and Serious Sexual Offences, Modern Slavery Act offences, Serious and Organised Crime, Financial Crime and Fraud, Regulatory Offences
Career overview
Graham joined Chambers in 2009 and initially pursued a varied practice. In addition to criminal cases in the Crown Court, his practice included: inquests, licensing, employment and personal injury work; and litigation in the Business and Property Courts, Administrative Court, and Court of Appeal (Civil Division). Since 2019, he has specialised almost exclusively in criminal work in the Crown Court and Court of Appeal (Criminal Division). Graham accepts instructions for both the Crown and for the defence.
Practice Summary
As a Grade 4 CPS Panel advocate on the Serious and Organised Crime Panel, Graham is frequently instructed by specialist CPS units such as the Complex Casework Unit (CCU), the Serious Violence, Organised Crime and Exploitation Unit (SVOCE), and the Serious Economic and Organised Crime Directorate (SEOCID) in the prosecution of homicides, and high-profile serious and organised crime; often as leading junior, and frequently against leading counsel.
For the defence, Graham is often instructed in cases which present particularly challenging legal problems. His case-load requires the mastery of evidence in expert disciplines including ballistics, DNA, telecommunications, forensic pathology and medicine, videography, and computing. Graham works well with vulnerable witnesses and defendants.
Graham undertakes the majority of his work in the West Midlands, where he has developed a settled reputation for: fairness; a detailed knowledge of criminal law and procedure; sound legal analysis in written an oral arguments; and for meticulous preparation.
Details of practice
Murder, Manslaughter, and Attempted Murder:
- Operation Pastelwave: leading junior for the Crown (leading Rachel Pennington) in the ongoing prosecution of an alleged murder, against leading and junior counsel.
- Operation Ultimo: led junior for the Crown (led by Rachel Brand KC) in the prosecution of a 15-year-old boy, who, having committed a string of unprovoked attacks on lone women, stabbed to death a 12-year-old boy, in a case which attracted national media attention
- R. v. MC: sole counsel for the Crown in the prosecution of an attempted murder, in which the Accused, a paranoid schizophrenic, had stabbed and gravely wounded his father. Three psychiatrists offered opinions in no fewer than 10 reports on the Accused’s fitness to plead. Following a finding that the Accused was not fit to be tried, a trial of the act followed and the Accused was made subject to an indefinite hospital order with restrictions.
- Operation Formine: led junior for the Crown in the successful prosecution of two men for manslaughter. The two defendants targeted an elderly man and pursued him, hoping to rob him of his watch. He sustained minor injuries in the attempted robbery and died days later from sepsis and necrotising fasciitis. The case was contested by the Accused on issues of medical causation of death, requiting the calling of specialist expert evidence to secure convictions. The case attracted national media attention.
- R. v. CMD: sole prosecution counsel in a case of attempted murder, in which the Accused launched an attack using a Stanley knife on a friend in a pub, inflicting 17 injuries and causing a life-threatening degree of blood loss. The case attracted local media attention.
- Operation Zounds: led junior for the Crown, in a case in which the Accused stabbed to death a criminal associate, whom he said that threatened him. The case attracted local media attention.
- Operation Ashi: sole counsel for the Crown in the successful prosecution of an attempted murder, where counsel previously instructed had advised compromising the case with guilty pleas to lesser offences. The Accused, transitioning from female to male gender, attacked his sister with a hammer in broad daylight in a pre-mediated assault. The case attracted local media attention.
- R. v. CA: sole counsel for the Crown in the successful prosecution at trial of an attempted murder. The Accused, under the influence of crack cocaine, used a child as a decoy to lure his partner into the bathroom, where he cut her throat from behind and continued to attack her on the ground, before fleeing in his car.
- Operation Staunch-Navigator: (CCU) led junior for the Crown in two linked conspiracies to murder, in which Graham conducted lengthy PII hearings before a High Court Judge.
- R. v. JB: sole prosecution counsel against leading and junior counsel for the defendant, a paranoid schizophrenic charged with the attempted murder of a police officer.
Serious and Organised Crime:
- Operation Deony: (SVOCE) Leading junior for the Crown (leading Mia McNevin) in the successful prosecution of three men for offences including possessing a firearm with intent to endanger life, and possessing controlled drugs with intent to supply. The case attracted national media attention.
- Operation Wolfram: prosecution counsel (CCU) in the prosecution of seven defendants for conspiracy to supply in excess of 350kg high purity cocaine. The case attracted local media attention.
- Operation Iconologist-Uluru: prosecution counsel (SVOCE London and West Midlands) in the successful prosecution of seven defendants in two linked conspiracies to supply over 200kg of high purity cocaine.
- Operation Oklib-Erudite: (SVOCE) Leading junior for the Crown (leading Rebecca Da Silva) in the successful prosecution for being concerned in the supply of controlled drugs and money laundering of seven members of an organised crime group, dealing in heroin and crack cocaine at both retail and wholesale level, in the Black Country.
- Operation Greyhawk (CCU): Prosecution counsel in a case concerning the wholesale supply of cannabis and cocaine.
- Operation Jackfruit: (SEOCID) Leading junior for the Crown (leading Omar Majid) in prosecution of four defendants for conspiracies to transfer firearms and to supply high-purity cocaine at wholesale level, using the EncroChat encrypted communications network.
- Operation Cranberry: (CCU) Leading junior for the Crown (leading Rebecca Da Silva) in the successful prosecution of seven defendants concerning linked conspiracies to transfer prohibited firearms and ammunition.
- Operation Guru: Crown Counsel (SEOCID) in the prosecution of three defendants for the wholesale supply of cocaine using EncroChat and other encrypted messaging applications.
- Operation Brutus: (CCU) leading junior for the Crown (leading Ilana Davis) in the prosecution of 11 defendants concerned in the retail supply of controlled drugs of Class A in a market town.
- Operation Vespula: prosecution counsel in the successful prosecution of seven defendants indicted on conspiracies to commit aggravated burglaries. The armed group attacked 17 different residential properties with a view to stealing and selling on high-value motor vehicles. The Crown’s case relied on expert DNA and videography evidence to secure convictions.
People Trafficking and Modern Slavery Act Cases:
- R. v. JK and others: sole prosecution counsel of four defendants, accused of keeping a mother and daughter with learning difficulties in conditions of forced labour. The principal defendant, who herself suffered with disabilities, was successfully convicted after trial;
- R. MBP and others: prosecution counsel (CCU) in a conspiracy to fraudulently evade the prohibition on importation of controlled drugs, in which the principal defendant raised defences both of duress and compulsion under s.45 of the Modern Slavery Act 2015, both of which defences were successfully defeated at trial and the accused convicted.
- R. v. LVT: led junior for the defendant, accused of keeping a person in servitude and cultivation of cannabis on an industrial scale. Successful representations made by the defence saw the servitude allegation and several of the cultivation charges abandoned by the Crown before trial.
Rape and Serious Sexual Offences:
- R. v. AK: sole counsel for the Crown, against leading counsel, in the successful prosecution of two stranger-rapes, committed by the same offender, two years apart. Following guilty verdicts, the offender received an extended sentence of imprisonment. In addition to attracting national media attention, the case made its way to the Court of Appeal when the offender sought to appeal, alleging both inadequate disclosure and jury irregularities. Graham appeared for the Crown before the Court of Appeal, where the conviction was found to be safe: R. v. Khan [2023] EWCA Crim 1477;
- R. v. LC: sole counsel for the Crown in the prosecution of a Defendant, diagnosed with an autism spectrum disorder, who supplied controlled drugs to vulnerable child victims, from whom he then demanded either excessive sums of money, or that they have sex with him in order to clear their debts. Convicted after trial of four counts of rape of a child under the age of 13, one count of inciting a child under 16 to engage in sexual activity, and possessing controlled drugs with intent to supply. He received an extended sentence of imprisonment.
- R. v. AH: sole counsel for the Crown. The Defendant led his victim to an empty HMO, on the pretext of showing her a room to let. When they arrived there, he produced a machete from a chest of drawers, before committing rape and other penetrative sexual assaults which left his victim with internal injuries which required medical treatment. Following conviction, the offender received an extended sentence.
- R. v. GR: defence counsel for a deputy headmaster, accused of sexual assaults against two secondary school pupils in the 1990s, acquitted on all counts after trial.
Fraud, Financial and Regulatory Crime:
- Operation Celboo-Amberfield: (CCU) leading junior for the Crown (leading Omar Majid) in an ongoing prosecution of five individuals accused of courier frauds, alleged to have been committed against multiple elderly complainants.
- R. v. NT: sole counsel for the Crown in the successful prosecution of an individual who, while not authorised to carry out investment activities, defrauded would-be investors of some £180,000, which he lost by dishonestly carrying out unregulated trading activities with two investment services companies in breach of those companies’ terms and conditions.
- R. v. CB: prosecution counsel in the successful prosecution of an individual who used a succession of false identities and elaborate stories to defraud four victims, who believed they were signing up to betting syndicates, of over £200,000
- R. v. NJ: prosecution counsel in the successful prosecution on an indictment of 24 counts against a company director, engaged in a management buy-out of a company, who fraudulently drew down dividends to which he was not entitled and falsified accounts and receipts.
- R. v. SR: counsel for a Defendant, who had given evidence for the Crown against a double-glazing company accused of fraud at trial, which was unsuccessful, but found himself indicted in a second trial of alleged breaches of the Consumer Protection from Unfair Trading Regulations. The prosecution was successfully stayed as an abuse of process.
Podcasts
Videos
Further Information
Graham is a pupil supervisor, a Midland Circuit advocacy trainer, and teaches on the ICCA’s “Children in Conflict with the Law” pupillage training programme. Graham has also been published in the Criminal Law Review, the leading peer-reviewed criminal law journal in England and Wales.
Outside court, in addition to holding a 2nd-Degree black belt in taekwondo, Graham practises and coaches savate boxe-française, a combat sport similar to kickboxing, in which competitors use boxing gloves and leather boots to strike one another. As well as competing and coaching, Graham has acted as a referee and match official in the sport at home and abroad. He is a First Tier Disciplinary Commissioner for the Fédération Internationale de Savate.
Publications and Reported Cases:
- ‘Recasting the Role of the Indictment’ [2010] Crim L R 840
- R v. Bailey [2011] 2 Cr App R (S) 80