The Commonwealth Director of Public Prosecutions (CDPP) has lodged an appeal against the leniency of the sentence imposed on former Westpoint promoter Neil Austin Burnard.
"The grounds of the appeal in this case are that the sentence imposed was manifestly inadequate," a CDPP statement to InvestorDaily said.
The CDPP considers all sentences handed down and a decision whether or not to appeal is made in accordance with the Prosecution Policy of the Commonwealth, the statement said.
ASIC asked the CDPP to consider lodging an appeal, when Burnard was sentenced on August 22, 2008, and placing him on a custodial sentence.
On May 6, 2008, a jury found Burnard guilty on nine criminal charges arising from ASIC's investigation into the affairs of Kebbel (NSW) Pty Ltd, now known as Palentia Pty Ltd, which formed part of a broader enquiry into the collapse of the Westpoint Group.
Burnard was fined $50,000 and placed on a 12-month good behaviour bond.
The convictions relate to six investors persuaded by Burnard to invest in Westpoint mezzanine companies, who put forth a total of $1,175,000.
Burnard intends to appeal against his conviction and the matter will return to court on November 6, 2008.
