Confession of Guilt, Discovery of Innocence
| Published date | 01 June 2009 |
| Date | 01 June 2009 |
| Author | Robin Grey |
| DOI | 10.1177/203228440901a00106 |
| Subject Matter | Analysis & Opinions |
New Journal of Eur opean Crimina l Law – Special Edit ion 31
ConfessIon of GUIlT,
DIsCoveRy of InnoCenCe
R G QC*
Editor’s Note: is is an English case with no apparent foreign, cross-border or otherwise
European dimension. However, it is a ca se of universal signicance: a s pontaneous
confession and incriminating evidence may belie inn ocence. at is why this short
comment is appropriate.
On 18 March, 2009, in the Lord Chief Justice’s Court in t he High Court in London, a
man, Sean Hodgson, was released a er spending 27 years in prison for a crime he did
not commit. He had been sentenced to Life imprisonment in 1982, when he was 29,
aer being convicted of Murder in Southampton. He had not committed that murder,
but that was not discovered until 20 09, when DNA analysis proved conclusively t hat
the killer wa s someone else. Hodgson was innocent. He is now 57.
is case was and is of particular concern to me as I had been the barrister who led
his defence at his Trial and represented him on h is rst Appeal in 1983.
e case high lights the importance of a nu mber of factors which aect the
management of criminal justic e systems, and I only have ti me to deal with this one
case in my address to you, and t hat briey.
In a perfect system no one should spend a ny time in prison for a crime he/she did
not commit, let alone 27years. It is a f undamental misc arriage of just ice. Indeed, as
Hodgson’s lawyer, I am very conscious of the fact that, if c apital punishment had still
been i n force in the U.K., he would have been sentenced to death, and perhaps his
innocence never proved. Supporters of capital pun ishment, take note!
So, how did this miscar riage occur in this case? Now that we know for sure t hat
Hodgson was not the kil ler, we can examine t he procedure with certain hindsig ht.
Hodgson was a young man with a personalit y disorder. He w as a drier who
happened to be in Southampton at the ti me of the murder. He had a numb er of
previous convict ions mainly for pet ty the and stealing motor ca rs, but nothing for
violence.
* QEB Hollis Wh iteman Chambers, L ondon.
From an address to t he ECBA Spring Conference in M adrid, April 200 9.
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