Description
Jack Smith was one of a group of former sub-postmasters and post-mistresses who were convicted of offences including theft, false accounting, and fraud, based on information from a computer system called Horizon which suggested that money had gone missing from post-office branch accounts. The basis of each of the prosecutions in these cases was that money missing from the branch account had been a result of theft by the sub-postmaster or mistress or had been covered up by fraud or false accounting by the sub-postmaster or mistress. However, the accounts of a branch post office did not in fact reflect missing cash or stock but was a result of a bug within the Horizon system which caused errors or defects.
Mr Smith had pleaded guilty to four counts of false accounting over an identified shortfall of £6731.50, and had been sentenced to 60 hours of unpaid work. His conviction was quashed based on evidence indicating that the Horizon computer system was faulty, and responsible for incorrectly flagging shortfalls in accounts.
Jurisdiction
England & Wales
Dates
Year Conviction was Overturned
2022
Research information
Link to Full Case
https://www.bailii.org/ew/cases/EWCA/Crim/2022/1197.html
Offences
Offence Convicted Of
False accounting
Most Serious Offence
False accounting
Courts
Factors Involved
Inadequate disclosure
Affirmative Evidence of Innocence
Neutral Citation
[2022] EWCA Crim 1197
Online Press
https://www.cheshire-live.co.uk/news/chester-cheshire-news/cheshire-post-office-worker-cleared-24594108, https://www.hudgellsolicitors.co.uk/news/post-office-horizon/five-more-former-subpostmasters-have-post-office-horizon-convictions-quashed-as-case-highlights-maliciousness-of-prosecutions/
Crown Argued Case at CofA
Number of Previous Applications
Legal Representation on Appeal
Kate O’Raghallaigh instructed by Neil Hudgell of Hudgell Solicitors