Recent Judicial Decisions
| Date | 01 March 2012 |
| Published date | 01 March 2012 |
| DOI | 10.1350/pojo.2012.85.1.577 |
| Subject Matter | Recent Judicial Decisions |
DAVID WICKS
Legal Correspondent
Email: dcw@3pumpcourt.com
DAMIAN CARNEY
Legal Correspondent
Email: Damian.Carney@port.ac.uk
RECENT JUDICIAL DECISIONS
Miscarriage of justice and the defendant’s right to review
forensic evidence
Nunn v Chief Constable of Suffolk Constabulary and Crown
Prosecution Service [2012] EWHC 1186 (Admin)
Queen’s Bench Division (Administrative Court)
4 May 2012
On 20 November 2006 the claimant was convicted of murder
at Ipswich Crown Court. His application to appeal was refused
by the Court of Appeal Criminal Division on 17 October
2007.
The President of the Queen’s Bench Division and Haddon-
Cave J heard a permission and substantive hearing following
an order by Stadlen J that application for permission be
determined at an oral hearing to determine whether forensic
evidence and files could be re-examined by the defence.
Keywords: Miscarriage of justice; request to examine case
files; forensic evidence; general duty of disclosure
The facts
The claimant was convicted of the murder of his former girl-
friend, whose body had been found half-naked and burned near a
river. The claimant was convicted on the basis of a combination
of being identified by a witness as one of two men seen putting a
large, wrapped object into a car close to the deceased’s home;
the claimant being the only person with a key to the deceased’s
home; tape identical to that found on the body being found in the
deceased’s home; some footwear marks at the scene where the
body was found being a good match to the claimant; and
evidence that the claimant and deceased had an argument on the
day of the suspected murder, at which the relationship came to
an end (the claimant alleged that the relationship ended amicably
on that day). There was a range of forensic evidence available in
The Police Journal, Volume 85 (2012) 85
DOI: 10.1350/pojo.2012.85.1.577
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