Barristers

Paul Sharkey

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Paul Sharkey

Called

2000

Appointments

Appointed to the CPS Advocate Panel at Level 3

Practice Areas and Specialisations

Paul prosecutes and defends in all areas of criminal law, but recent practice has focused on fraud, the supply and importation of drugs, serious violence and public disorder as well as regulatory offences.
 

Fraud
 

In recent years Paul has acted, both alone and as junior counsel, in a number of substantial fraud cases, including cases of MTIC VAT carousel fraud, VAT repayment fraud, conspiracy to defraud, money laundering and related confiscation proceedings. Recent instructions include:

Operation Fastback (Newcastle Crown Court - 2011) - A £360m MTIC VAT carousel fraud. One of the biggest frauds of this kind ever prosecuted. Convictions secured against six defendants for Conspiracy to Cheat the Revenue and false accounting.

 

Operation Dandelion (Central Criminal Court - 2011-2012) Conspiracy to commit fraud by false representation. Prosecution of 6 defendants involved in mortgage frauds in relation to high value properties in London.
 

Operation Devout 2 (Northampton Crown Court – 2012) confiscation proceedings following a large-scale MTIC fraud.
 

R v Kohli (Birmingham Crown Court – 2010) – prosecution of company director for laundering proceeds of MTIC fraud.
 

Operation Callous (Wolverhampton Crown Court - 2010) – Prosecution of an accountant and four other defendants in a VAT repayment fraud, causing a loss to the Revenue in excess of £2.5 million. 
 

Paul is highly skilled at dealing with cases involving a significant amount of documentary, financial and expert evidence and at presenting complex and difficult cases to juries, including through the use of EPE.
 

Paul is regularly instructed by the CPS Central Fraud Unit, the Department for Work and Pensions and the Department for Business Innovation and Skills.
 

Paul is also experienced at dealing with cases of benefit fraud, tax credit fraud, duty evasion and prosecutions of company directors under the Companies Act and Insolvency Act.
 

Drugs
 

Paul has real expertise in cases involving the importation and supply of drugs, and is regularly instructed by the RCPO, the CPS Organised Crime Division and the UKBA. 
 

He has extensive experience of dealing with difficult disclosure, PII and RIPA issues in such cases and is familiar with the range of evidential tools often used: telephone evidence (cell-site, phone billing, phone interrogation), observation evidence, tachograph evidence, drug valuation evidence, other forensic evidence and evidence obtained through co-operation with foreign jurisdictions through mutual assistance and Letters of Request. Recent cases include:
 

  • ·R v F & others (Canterbury Crown Court - 2011) Prosecution of three-handed heroin importation.
  • ·R v Rauca (Isleworth Crown Court – 2011) Prosecution of conspiracy to supply cocaine.
  • ·R v Thorpe and others (Canterbury Crown Court – 2011) Prosecution of three coach drivers involved in large-scale importation of cannabis.
  •  

He was instructed as junior counsel to Standing Counsel to the RCPO to conduct a review of a number of historic cannabis importations and to advise on disclosure in future cases (Rip-On Review).
 

Confiscation
 

 

Paul has prosecuted and defended numerous substantive confiscation hearings, in particular following on from convictions for fraud and drugs offences. He has extensive knowledge of confiscation legislation both under the former regime of the Criminal Justice Act 1988 and the current Proceeds of Crime Act 2002.
 

He is currently instructed as junior counsel in Operation Devout 2 to deal with the confiscation proceedings arising out of the conviction of a number of defendants in a large-scale MTIC fraud. As junior counsel in Operation Callous, a VAT repayment fraud, he advised extensively on the confiscation proceedings, eventually securing the making of a confiscation order of over £1m against the principal defendant.
 

He acted alone (having been led at trial) for the defendant in R v Sharma, confiscation proceedings following a conviction for conspiracy to defraud, and in the subsequent Court of Appeal proceedings, one of the guideline cases on benefit under the Criminal Justice Act 1988.
 

He regularly deals with and advises on enforcement proceedings, restraint and applications to vary confiscation orders and certificates of inadequacy. He also has wide experience of civil cash forfeiture proceedings under Part 5 of the Proceeds of Crime Act 2002, having undertaken a secondment with the cash forfeiture team of HM Revenue and Customs and having appeared in many contested forfeiture hearings.
 

Violent Crime and Public Disorder
 

Paul regularly defends in cases of serious violence and public disorder. Recent cases include acting for one of the defendants involved in a large-scale public disorder following a football match, and acting for defendants charged with kidnap, robbery and section 18 Grievous Bodily Harm.
 

Regulatory Offences
 


Paul regularly deals with regulatory offences dealt with by local authorities, including Westminster City Council and the Royal Borough of Kensington and Chelsea. He has experience of prosecutions under health and safety legislation relating to food safety and residential properties, under the Environmental Protection Act 1990 (noise nuisance, unlicensed waste disposal) and the Town and Country Planning Act 1990. Recent instructions include:
 

  • ·WCC v Addison Lee & Adbins (2011) - Prosecution of two companies for unlawful advertising following the erection of a number of cigarette bins around the Westminster area. Following the securing of convictions an appeal by way of case stated was successfully resisted in the High Court.
  • ·WCC v S (2011)– Prosecution of a landlord for breach of an Improvement Notice under the Housing Act 2004.

Paul is experienced at dealing with expert evidence from Environmental Health Officers and has become familiar with the risk assessment systems used for food business operators (HACCP) and residential premises (HHSRS).

Education and Qualifications

Certificat de Droit Francais - Bordeaux
M.Sc. Criminology
LL.B (Hons)

Memberships

South Eastern Circuit
Criminal Bar Association

Languages

French

Cases of Interest

Fraud, Money Laundering & Confiscation
 
Operation Dandelion (Central Criminal Court - 2011-2012) Conspiracy to commit fraud by false representation. Prosecution of 6 defendants involved in mortgage frauds in relation to high value properties in London. Led by Jonathan Kinnear Q.C
 
Operation Fastback (Newcastle Crown Court - 2011) – Convictions secured against 6 defendants for Conspiracy to Cheat the Revenue and false accounting. This involved a five-year investigation by HMRC into the fraudulent activities of a company run by a former police officer involved in a massive VAT MTIC carousel fraud. The company purported to have a turnover of £2.4 billion, principally in mobile phones, causing a loss to the Revenue of over £360 million. Widely reported as one of the biggest frauds of its type in UK history. The main defendant received ten years’ imprisonment. Led by Jonathan Kinnear Q.C
 
Operation Devout 2 (Northampton Crown Court – 2011-2012) – Confiscation proceedings against five defendants following convictions for a VAT MTIC carousel fraud. Confiscation orders totalling over £1m secured. Led by Sir Derek Spencer Q.C.
 
Operation Callous (2010-2012 Wolverhampton Crown Court) - Prosecution of accountant and others for involvement in £2.5m VAT repayment fraud. Involved one of the first uses of agreements under section 73 of the Serious Organised Crime and Police Act 2005 (assistance by defendants). Confiscation order of over £1.2m secured against the main defendant. Led by Jonathan Kinnear Q.C.
 
R v Kohli  (Birmingham Crown Court - 2010) Prosecution of company director for laundering the proceeds of an MTIC carousel fraud. Led by Jonathan Kinnear Q.C
 
R v Reardon (2010) Enforcement proceedings against defendant convicted of MTIC fraud following failure to pay confiscation order.
 
R v Kashif & Saeidi (Isleworth Crown Court - 2010) Cigarette duty evasion and money laundering. 
 
Operation Mandarin (Winchester Crown Court - 2009) - Prosecution of three-handed tax credit fraud.
 
Operation Venison (Southwark Crown Court – 2005) - £110m MTIC VAT carousel fraud. Led by Sir Derek Spencer Q.C. and John Black Q.C.
 
R v O & others (Croydon Crown Court – 2005) – Conspiracy to defraud Easycar.com
 
R v Sharma (Middlesex Guildhall Crown Court – 2004) - Conspiracy to defraud Pentax. 
 
Importation and Supply of Drugs
 
R v Fitzsimmons & others (Canterbury Crown Court - 2011)   - multi-handed importation of heroin. Defendants received 12 and 8 years’ imprisonment.
 
R v Thorpe & others  (Canterbury Crown Court - 2011) – Prosecution of three coach drivers involved in large-scale cannabis importation. 
 
R v Rauca (Isleworth Crown Court - 2011) - Prosecution for conspiracy to supply cocaine based on defendant’s possession of 25kgs of Phenacetin, a cutting agent used for cocaine.

 
R v Marku (Canterbury Crown Court - 2010) - Importation of heroin.
 
R v Davage (Canterbury Crown Court – 2010) – Prosecution of lorry driver for importation of 18kgs of cocaine.
 
R v Zientara (Canterbury Crown Court – 2009) Prosecution of lorry driver for importation of amphetamine and cannabis valued at £4 million. 
R v Michael (Wood Green Crown Court – 2009) – Conspiracy to import cocaine.
 
Rip-on Review (2009) - Instructed as junior counsel to Standing Counsel to the Revenue and Customs Prosecutions Office to conduct a review of prosecutions and disclosure in ‘Rip-on’ cannabis importations from Jamaica. 
 
R v Mayne (Lewes Crown Court - 2008) Defendant acquitted of charges of supplying class A drugs. Sentences for simple possession reduced on appeal.
 
R v Pullin (Reading Crown Court - 2007) Defence in conspiracy to supply cocaine.
 
R v Dodhia (Harrow Crown Court – 2006) - Conspiracy to supply class ‘A’ drugs
 
Violence and Public Disorder
 
R v S (Inner London Crown Court - 2012)  - Section 18 Grievous Bodily Harm
 
R v Buckland (Inner London Crown Court – 2011) -  Acted for defendant in trial of large-scale public disorder following a football match between West Ham v Tottenham.
 
R v W (Harrow Crown Court – 2010) - Defendant acquitted of charges of kidnap and robbery.

 
R v C (Oxford Crown Court – 2010) - Defendant charged with GBH and dangerous driving 
 
R v JW (Isleworth Crown Court – 2009) – Acquittal of defendant charged with s.18 GBH
 
R v KM (Reading Crown Court – 2009) - Acquittal of former X Factor star on charges of assault, alleged to be part of a homophobic home invasion. 
 
R v M (Winchester Crown Court – 2006) - Defence in ten-handed violent disorder.
 
Regulatory Law
 
Westminster City Council v Addison Lee & Adbins (2011) – Prosecution of two companies for breaches of advertising regulations. link . Appeal by way of Case Stated to the High Court successfully resisted.
 

Reported Cases

Addison Lee v Westminster City Council [2012] EWHC 152 (Admin). Successfully resisted Appeal by way of Case Stated by company against convictions for unlawful advertising.
 
R v. Mayne [2008] EWCA Crim 3235. Successful appeal against sentence for possession of drugs.
 
R v. St. John [2008] EWCA Crim 1844. Successful appeal against sentence for benefit fraud.
 
R v. Richardson [2006] EWCA Crim 21. Successful appeal against sentence for robbery.
 
R v. Sharma [2006] Crim.L.R. 651. Calculation of benefit in confiscation proceedings under the Criminal Justice Act 1988.
 
R v. Moore [2003] 2 Cr.App.R. 31. Costs following a successful appeal in contempt proceedings.
 


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