The Criminal Cases Review Commission has referred to the Court of Appeal the life sentence of David William Beatty for rape, kidnap and threats to kill.
Mr Beatty was convicted at Birmingham Crown Court of the three offences on 15 March 1991 and sentenced to life imprisonment.
The prosecution contended that Mr Beatty kidnapped, threatened to kill and raped a woman in Birmingham in May 1990. He was armed with a replica pistol, ammunition and a knife.
Mr Beatty unsuccessfully appealed against the sentence in April 1993. He applied to the Commission in March 2002. His case was not referred. He made a re- application citing new psychiatric evidence and arguing that he should have received a hospital order rather than a prison sentence in January 2004.
The Commission has now decided to refer the case back to the Court of Appeal.
The Commission is the independent public body set up by Parliament in 1997 to investigate possible miscarriages of justice in England, Wales and Northern Ireland to decide if they should be referred to the appeal courts.
Mr Beatty’s legal representatives are Scott-Moncrief, Harbour & Sinclair, 19 Greenwood Place, London, NW15 1LB, tel 0207 485 5588.
This press release was issued by Boris Worrall, Head of Communication, Criminal Cases Review Commission on 0121 633 1806 or 07947 355231.
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