Sophia Dower represents client on the UK’s ‘Top 10 Most Wanted List’

Sophia Dower was instructed to defend the high-profile fugitive Alex Male who was on the National Crime Agency’s ‘Top 10 Most Wanted List’, having gone on the run from authorities for offences of drug supply, firearms and money-laundering in 2020.

Mr Male was at the apex of a commercial Class A drugs conspiracy but was arrested by the NCA after the infiltration of the EncroChat network. Over just 3 months, Mr Male directed the distribution of at least 133kg of cocaine worth almost £5million across the south-west of England.

After 6 months on pre-charge bail, his status was downgraded to being released under investigation after which he fled the country and did not return until his extradition in August 2024.

Sentencing took place on 19^th November 2024 before Exeter Crown Court. Highly unusually, and without any prior warning, the Sentencing Judge threatened to reduce Mr Male’s credit for his early guilty pleas from 33% to not more than 10% because he had absconded, relying on the case of Williamson [2020] EWCA Crim 1085. Sophia sought to distinguish Mr Male’s case on the basis he did not abscond at all, given he was released under investigation when he left the country.  The Judge was persuaded to adjourn sentencing for further written submissions on this crucial issue.

Sophia advanced detailed written and oral submissions, citing the more recent authority of Brazendale [2022] EWCA Crim 1335, which was directly comparable with Mr Male’s case, together with supporting arguments in relation to her client’s legitimate expectation of credit, the duty of the court to give prior warning and wider public policy arguments on the importance of credit to incentivise guilty pleas. Not only was the Court persuaded to accept the Defence case on when Mr Male left the country without adjourning for further evidence (after a very late challenge by the Prosecution), but it also accepted the legal position on credit as asserted by the Defence. The Judge conceded he was bound by Brazendale and awarded Mr Male his maximum credit, which substantially reduced his overall sentence.

Counsel was instructed by Hojol Uddin of JMW Solicitors.

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