David Spens KC of QEB Hollis Whiteman appeared in the Court of Appeal today in a case concerning the safety of convictions dating to 2018. The Court has now quashed the murder and attempted murder convictions of Mr Snape and ordered a retrial.
The appeal followed a referral from the Criminal Cases Review Commission (CCRC) earlier this year. Solicitors Corker Binning submitted the application to the CCRC in April 2023, raising concerns about the way in which the jury’s verdicts were taken in the original trial in December 2018.
Following a detailed investigation, the CCRC concluded that there was possibility the Court of Appeal would find the convictions unsafe. The central issue concerned the trial judge’s decision to permit the jury to resume deliberations after it had been formally discharged - an action which the Court has now found to be procedurally flawed.
In its judgment, the Court of Appeal ruled that the taking of the verdicts was defective. The Court held that no exceptional circumstances justified allowing the discharged jury to return to further deliberations. While it may have been appropriate to clarify their verdicts, permitting continued deliberation was impermissible.
As a result, the convictions were deemed unsafe and have been overturned.
David Spens KC was instructed by Edward Grange of Corker Binning in this matter. He appeared for the Appellant in the Court of Appeal and played a leading role in the successful challenge to the original convictions and sentencing of life imprisonment with a minimum term of 24 years.
This case highlights the critical importance of procedural fairness and the careful scrutiny applied by the appellate courts when issues of potential miscarriage of justice arise.
David Spens KC