[2009] EWHC 156 (Admin)

Where a man's conviction for murder had been quashed on the basis of a failure by his defence to discover and deploy three pieces of evidence that cumulatively rendered his conviction unsafe, the requirement under the Criminal Justice Act 1988 s.133(1) that his conviction was reversed on the basis of a "new or newly discovered fact" was not met, since the material had been available to his legal representatives at trial. Accordingly, he was not entitled to compensation.

DC (Maurice Kay LJ, Simon J)

04/02/2009