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R v W Conviction Quashed - 29.1.10
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Mr W was convicted of serious historical allegations at Manchester Crown Court in March 2005 .
The Grounds of appeal were classic grounds contending that the Judge through a series of misdirections had removed any possibility of a fair trial . The grounds were on the issues of Seperate consideration , Good Character , Delay , Lucas direction and a short unbalanced summing up .
On 29th January the Court of Appeal quashed all convictions recognising that such errors can acheive a totality of unfairness leading to render a conviction unsafe .
Mark Newby commented today as follows :
"We are delighted this appeal has succeeded today . It has been a long road to persaude the Court that this conviction was unsafe but that has been achieved in a strong judgment from the Court of Appeal today .
This case demonstrates that classic misdirections which are often dismissed by the Court and the CCRC can in certain cases be so significant either individually or cumulativly as to render a set of convicitons unsafe . Misdirections should accordingly not be dismissed out of hand in any given case .
Mr W was represented by Mark Newby and Counsel was Mark Barlow of Garden Court North Chambers Manchester .
