The defendant appealed against his conviction for murder.
Held: The appeal succeeded. After many years in prison, the original exhibits had been located and subjected to DNA analysis which proved that the defendant could not, despite his confession, have committed the murder.
Lord Judge emphasised the importance of the prosecutor’s duties of disclosure: ‘It is perhaps worth noting in this dismal story that both the prosecution and the police have demonstrated their commitment to the interests of justice by co-operating positively and fully with the solicitors for the appellant to try to ensure that all the available material was produced and examined. None of the original defence papers are in existence. They were destroyed years ago in accordance with ordinary professional practice.’
Judges:
Lord Judge LCJ, Irwin, Wyn Williams JJ
Citations:
[2009] EWCA Crim 490
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Adams, Regina (on The Application of) v Secretary of State for Justice SC 11-May-2011
The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. . .
Cited – Nunn v Suffolk Constabulary and Another Admn 4-May-2012
The claimant had been convicted of murder and his appeal had failed. He now sought disclosure of the forensic material held by the police to his own legal team.
Held: Permission to apply for review was granted, but the claim failed. ‘It is . .
Cited – Nunn, Regina (on The Application of) v Chief Constable of Suffolk Constabulary and Another SC 18-Jun-2014
Limits to Duty To Investigate
The claimant had been convicted of a murder. He continued to protest his innocence, and now sought judicial review of the respondent’s decision not to act upon his requests for further investigations which might prove his innocence.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 23 July 2022; Ref: scu.324718