Christopher Sykes

Barrister, 33 Chancery Lane

Christopher acts for the prosecution and defence in cases of business crime and investigations. He has been instructed by the FCA as junior and disclosure counsel in complex prosecutions. He has gained experience of investigations through his work with the Enforcement Decision Making Committee of the Bank of England and the Fraud Investigation Service of HMRC. He has been led by senior members of Chambers in defending private prosecutions for fraud and in confiscation proceedings. He has defended individuals facing allegations of civil contempt in the High Court for breach of freezing injunctions. He is panel counsel for the SFO.

Alongside his business crime practice, Christopher offers extensive experience and expertise in the practice area of professional discipline and regulation. He is frequently instructed by the GDC to present the case in substantive, interim, and High Court matters. He is regularly instructed to act for the defence by the CSP. Christopher gained in-house experience of regulatory enforcement through his secondment as a case presenter for the GOC.

Christopher brings to these roles the experience gained as a criminal advocate appearing in the magistrates’ courts, Crown Courts, and Court of Appeal. He has secured successful outcomes for clients facing the most serious criminal allegations, including kidnap and terrorism.

Christopher contributed to the drafting of “The UK Anti-Bribery Handbook” (Bloomsbury, 2022) and Blackstone’s Criminal Practice 2020.

Contributed to

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Dishonesty in the criminal law

Practice notes

This Practice Note considers the concept of dishonesty in the criminal law. Dishonesty is a state of mind which is relevant in several offences. Without this essential element in offences such as theft, for example, the offence cannot be committed. Dishonesty is not fully defined in statute and the courts have sought to lay down a test for the jury to apply. This Practice Note considers the test for dishonesty as set out by the Court of Appeal in R v Ghosh and the redefined test established by the UK Supreme Court (UKSC) in Ivey v Genting Casinos (UK) Ltd. It also covers how the discussion by the UKSC, albeit technically obiter dicta, is considered binding by the Court of Appeal in its judgment in R v Barton, R v Booth. It covers the objective nature of the test and how this is applied to market practice.

Corporate Crime

Recklessness in criminal cases

Practice notes

This Practice Note covers the law relating to criminal recklessness. It deals with both Cunningham standard recklessness and Caldwell recklessness. It includes the position regarding recklessness and the case of Re G, whether subjective recklessness allows wrongdoers to escape conviction, subjective recklessness and the state of mind of wilfulness, Cunningham recklessness and the malicious state of mind, and recklessness and self-induced intoxication.

Corporate Crime

Strict liability

Practice notes

This Practice Note explains what is meant by strict liability, where an offence does not require proof of a mental element. The fact that an offence is one of strict liability may be expressly stated in the statute or by necessary implication as to the effect of the statute. The Practice Note explains the factors to be considered in determining whether a statutory offence is one of strict liability as well as the available defences which are based on lack of intention..

Corporate Crime

Transferred mens rea

Practice notes

This Practice Note deals with the law relating to transferred mens rea, sometimes referred to as transferred malice. It covers the principle of transferred mens rea, the relevance of transferred mens rea/transferred malice to secondary participation in a crime and how a charge can be based on transferred mens rea.

Corporate Crime