01. Miscarriages of Justice Registry

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Case: Donald Pendleton

40

Age When Imprisoned

2001

Conviction overturned

15

Years in prison

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Table of Contents

Description
Donald Pendleton was convicted of the murder of newspaper seller Bernard Clark, who was attacked, robbed, and found in a ditch. The original case hinged on evidence from police interviews. He was arrested after the police received fresh information 15 years after the crime. Donald was held for 3 days without a lawyer and whilst he originally told officers that he was not at the scene of the murder, he later changed his account, saying he was with John Thorpe when he killed Mr Clark but had not been involved. Throughout his trial Donald’s lawyers stuck to this story believing it was his best chance of being cleared. On appeal, new evidence from a forensic psychologist described Donald as a psychologically vulnerable individual who was highly susceptible to giving in to leading questions and interrogative pressure. The conviction was quashed by the House of Lords, because of psychological vulnerability and the fact the jury had not heard the defendant’s true version of events it was impossible to be sure that the conviction was safe.
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Overview

Jurisdiction

England & Wales

First & Last Name

Donald
Pendleton

Gender

M

Ethnicity

White

Age When Imprisoned

40

Age When Released

Years in Prison

15

Compensation

Compensation Paid

Compensation Link

Compensation Type

Compensation Amount

Dates

Year of Crime

1971

Year of Conviction

1986

Year Conviction was Overturned

2001
Excerpt

Research information

Reference

13

Link to Full Case

https://publications.parliament.uk/pa/ld200102/ldjudgmt/jd011213/pendle-2.htm

Offences

Offence

Murder

Offence Convicted Of

Murder

Most Serious Offence

Murder

Courts

Factors Involved

Confession

Guilty Plea

Tried with Others

Yes

Retrial

Majority Verdict

Unanimous Verdict

Evidence

Type of Witness Evidence

Affirmative Evidence of Innocence

Fresh Evidence

Evidence undermining the reliability of a confession

CCRC Referral

Yes

Neutral Citation

[2000] EWCA Crim 45; [2001] UKHL 66

Online Press

https://www.thetelegraphandargus.co.uk/news/8034187.murder-case-man-freed-after-15-years/, https://ccrc.gov.uk/decision/pendleton-donald/

Crown Argued Case at CofA

Yes

Previous Appeals

Two unsuccessful appeals

Number of Previous Applications

2

Legal Representation on Appeal

Jim Nichol was the appellant’s solicitor. Michael Mansfield QC represented appellant at HoL hearing.

Is Post Office Case