The Criminal Cases Review Commission has referred the sentence of Mr Darren Cullen to the Court of Appeal.
Mr Cullen was convicted at Snaresbrook Crown Court on 22 October 2004 of murder and was sentenced to life imprisonment (minimum term: 16 years).
Mr Cullen applied for leave to appeal against his conviction. The Court of Appeal refused his application on 27 July 2005.
He applied to the Commission in November 2005.
The Commission has decided that there is a real possibility that Mr Cullen's minimum term will not be upheld and is referring his sentence to the Court of Appeal.
The Commission is the independent body responsible for reviewing possible miscarriages of justice in England, Wales and Northern Ireland.
Mr Cullen is represented by Lewis Nedas & Co Solicitors, 24 Camden High Street, London, Tel: 020 7387 2032.
This press release was issued by the Criminal Cases Review Commission on 0121 633 1806 or 07947 355231.
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 possible miscarriages of criminal justice in England, Wales and Northern Ireland.
2. There are 11 Commissioners who bring to the Commission considerable experience from a wide variety of backgrounds. Appointments to the Commission are made in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.
3. Any decision to refer a case to the relevant court of appeal has to be taken by a committee of at least three Commissioners.
4. The Commission considers whether or not there is a real possibility that the conviction, finding, verdict or sentence would not be upheld were a reference to be made.
Conviction: to establish that there is a real possibility that a conviction will be quashed, there has to be:
- an argument or evidence which has not been raised during the trial or at appeal; or
- exceptional circumstances
Sentence: to establish that there is a real possibility that a sentence will be varied, there has to be:
- a legal argument or information about the individual, or the offence, which was not raised in court during the trial or at appeal.
5. The Commission may decide in its discretion not to refer a case even where the "real possibility" test is satisfied.
6. Other than in exceptional circumstances, the Commission can only consider cases in which an appeal through the ordinary judicial appeal process has failed.
7. Once a decision is taken to refer a case to the relevant court of appeal, the Commission usually has no further involvement.
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