Court of Appeal Quashes Murder Convictions Following Fundamental Procedural Irregularity – Corker Binning Acts for Appellant

The Court of Appeal has quashed the murder and attempted murder convictions of a Corker Binning client and has directed a retrial, following a referral by the Criminal Cases Review Commission (CCRC).

Edward Grange, partner at Corker Binning, acted for the appellant, who had been sentenced to life imprisonment with a minimum term of 24 years.

Corker Binning applied to the CCRC in April 2023, having identified serious concerns regarding the manner in which the jury returned its verdicts at the conclusion of the original trial in December 2018.  Following a detailed investigation, the CCRC concluded there was a possibility that the Court of Appeal would find the convictions unsafe.

In its judgment, handed down yesterday, the Court of Appeal found that the process in which the verdicts were returned was “seriously defective.” After the jury had been formally discharged, separated and dispersed, the trial judge recalled them the next day and permitted them to resume deliberations – contrary to established principles and in the absence of any exceptional circumstances.

While a discharged jury may be recalled to clarify an ambiguous verdict, it is impermissible for it to continue deliberating on the substance of the case.

The Court of Appeal concluded that this amounted to a material procedural irregularity. As a result, the convictions were deemed unsafe and have been overturned.

Commenting on the Court of Appeal’s ruling, Edward Grange said:

“The case highlights that the integrity of the criminal trial process depends not only on the reliability of the verdict, but also on the lawfulness of the route by which it is reached.”

 

Corker Binning instructed David Spens KC of QEB Hollis Whiteman.