The Criminal Cases Review Commission has referred the sentence of Mr Dominic Purvis to the Court of Appeal.
Mr Purvis pleaded guilty to three counts of possession of indecent images of children on 4th September 2006 at Bristol Crown Court and sentenced to 21 months’ imprisonment on each count, to be served concurrently. That sentence was ordered to be served consecutively to a sentence of 30 months’ imprisonment, imposed on the 6th February 2006 for forgery offences.
Mr Purvis appealed against his sentence but the appeal was dismissed on 17th January 2007. His application to the Commission was made on 8th March 2007.
Having considered the case, the Commission has decided to refer the case to the Court of Appeal.
Mr Purvis is represented by Mr Stephen Nunn, Nunn Rickard Solicitor Advocates, 24 Southernhay East, Exeter, Devon EX1 1QN, Tel: 01392 200888
This press release was issued by the Press Office, Criminal Cases Review Commission, on 0121 633 1806.
NOTES TO EDITORS
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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.
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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.
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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.
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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".
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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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