01. Miscarriages of Justice Registry

Case: Devon Francis

2009

Conviction overturned

15

Years in prison

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Table of Contents

Description
Devon Francis was convicted of several drugs offences. It was alleged he’d been found with about 7.5 gramms of cocaine in his underpants (with intent to supply), that there was 116 gramms of cocaine in his premises, and 15 grams of cocaine in a shoe. He claimed that the drugs had been planted on him. On appeal, it was revealed that the key witness to the case, Detective Constable Breakwell, had been investigated and charged for various allegations of minconduct including planting drugs. The prosecution conceded they would not have relied on Breakwell’s evidence had this been known at the time. The court found that given the evidence discrediting Breakwell the convictions could not possibly be considered safe, and the appeal was allowed.
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Overview

Jurisdiction

England & Wales

First & Last Name

Devon
Francis

Gender

M

Ethnicity

White

Age When Imprisoned

Age When Released

Years in Prison

15

Compensation

Compensation Paid

Compensation Link

Compensation Type

Compensation Amount

Dates

Year of Crime

1991

Year of Conviction

1993

Year Conviction was Overturned

2009
Excerpt

Offences

Offence

Drugs offences

Offence Convicted Of

Drug Offences

Most Serious Offence

Drugs offences

Courts

Factors Involved

Official misconduct

Guilty Plea

Tried with Others

Yes

Retrial

Majority Verdict

Unanimous Verdict

Evidence

Type of Witness Evidence

Affirmative Evidence of Innocence

Fresh Evidence

Evidence casting doubt on the integrity of police

CCRC Referral

Yes

Neutral Citation

[2009] EWCA Crim 2268

Online Press

https://innocent.org.uk/2017/08/30/conviction-gained-by-west-midlands-police-ruled-unreliable-devon-francis-1993/

Crown Argued Case at CofA

Previous Appeals

Unknown

Number of Previous Applications

Legal Representation on Appeal

Mr P Wilcock

Is Post Office Case