The Criminal Cases Review Commission has referred the conviction of Paul Branchflower for murder to the Court of Appeal.
Mr Branchflower was convicted of murder on 28 February 2003 at Manchester Crown Court and sentenced to detention for life in a Young Offenders’ Institute. He was also sentenced to three years’ concurrent detention for aggravated vehicle-taking to which he had earlier pleaded guilty.
The victim died after his own car passed over him, trapping him under the wheel. Mr Branchflower pleaded guilty to manslaughter. He was found guilty at trial of murder.
Mr Branchflower appealed against his conviction but the appeal was dismissed on 25 June 2004. His latest application to the Commission was made in August 2007.
Having considered the case, including the trial judge’s summing up and directions, the Commission has decided to refer the case to the Court of Appeal.
Mr Branchflower is represented by Mr Campbell Malone, Stephensons Solicitors LLP, 10-14 Library Street, Wigan Tel: 01942 777777
This press release was issued by Cathy Lee, Criminal Cases Review Commission, on 0121 633 1806.
NOTES TO EDITORS
1. The Criminal Cases Review Commission is an independent body set up under the Criminal Appeal Act 1995. It is responsible for reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.
2. There are 11 Commissioners who bring to the Commission considerable experience from a wide variety of backgrounds. Commissioners are appointed by the Queen on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.
3. The Commission receives around 1,000 applications for reviews (convictions and/or sentences) each year. Our current rates of referral are around 4%, which means around one in 25 of all applications are referred to the appeal courts.
4. The Commission considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal. Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.
5. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.
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