Corporate Crime analysis: The conviction of Mr Akle has been overturned by the Court of Appeal following a finding that he did not have a fair trial, and the Serious Fraud Office (SFO) has been denied a retrial. As a result of the ruling, the Attorney General has announced that an independent review will be conducted into the SFO’s handling of the case and there are claims in some quarters that the Director’s position has become untenable. It is important to note, however, that despite the criticism of the Director, the Court of Appeal did not find that the high hurdle for an abuse of process was met. The appeal was allowed primarily on the basis of failures in disclosure, meaning that legal arguments to exclude an alleged co-conspirator’s guilty plea were hampered such that the conviction of Mr Akle was unsafe. Written by Quinton Newcomb, partner and head of Commercial Crime, and William Glover, senior associate (barrister)...
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Appeal on fresh evidence in criminal casesThe interests of justice testThe single test for allowing an appeal against conviction is whether the conviction is unsafe. If the grounds of appeal submitted refer to fresh evidence which was not adduced at trial, the same test applies. In order to
Appeal against sentence in the Crown CourtThis Practice Note explains how to appeal to the Crown Court against a sentence imposed by the magistrates’ court. It may be read in conjunction with Practice Note: Appealing a conviction in the Crown Court.For detailed guidance on appealing a sentence
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