Napoli & Anor v R.

Napoli & Anor v R.

Leave to appeal granted to Napoli as it is arguable the prosecution did not adduce sufficient evidence of holding out as deposit taker; applications by James for leave to appeal conviction and sentence, and extension of time, refused as judge was entitled to conclude manipulation of trial process, trial was fair, and sentence not manifestly excessive.

Parties
Applicant: John Francis Napoli; Applicant: John James; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
20 October 2011
Procedural Posture
Criminal Appeal / Ruling on Applications for Leave to Appeal Conviction and Sentence
Outcome
Leave to appeal granted to Napoli; applications by James for leave to appeal conviction, sentence, and extension of time refused.
Legal Topics
Unauthorised Regulated Activity, Money Laundering, Obtaining Money by Deception, Fair Trial Rights, Adjournment, Legal Representation, Sentencing, Extension of Time
Criminal Law Financial Regulation Unauthorised Regulated Activity Money Laundering Obtaining Money by Deception Fair Trial Rights Adjournment Legal Representation +2 more

Case Brief

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Parties

John Francis Napoli

Applicant

John James

Applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Ruling on Applications for Leave to Appeal Conviction and Sentence

Legal Issues

  1. 1 Whether Napoli had a case to answer for unauthorised regulated activity under the Financial Services and Markets Act 2000
  2. 2 Whether James was denied a fair trial due to refusal of adjournment and transfer of representation order
  3. 3 Whether James' sentence was manifestly excessive

Ratio Decidendi

Leave to appeal granted to Napoli as it is arguable the prosecution did not adduce sufficient evidence of holding out as deposit taker; applications by James for leave to appeal conviction and sentence, and extension of time, refused as judge was entitled to conclude manipulation of trial process, trial was fair, and sentence not manifestly excessive.

Court Disposition

Leave to appeal granted to Napoli; applications by James for leave to appeal conviction, sentence, and extension of time refused.

Orders

  • Respondent prosecutor to file response to Napoli's appeal by 4th November 2011 identifying evidence of holding out.
  • No extension of time for James' appeal.