01. Miscarriages of Justice Registry

Case: Jack Smith

2022

Conviction overturned

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Table of Contents

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.
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Overview

Jurisdiction

England & Wales

First & Last Name

Jack
Smith

Gender

M

Ethnicity

Unknown

Age When Imprisoned

Age When Released

Years in Prison

Compensation

Compensation Paid

Compensation Link

Compensation Type

Compensation Amount

Dates

Year of Crime

Year of Conviction

2004

Year Conviction was Overturned

2022
Excerpt

Research information

Reference

Link to Full Case

https://www.bailii.org/ew/cases/EWCA/Crim/2022/1197.html

Offences

Offence

False accounting

Offence Convicted Of

False accounting

Most Serious Offence

False accounting

Courts

Factors Involved

Inadequate disclosure

Guilty Plea

Yes

Tried with Others

Retrial

Majority Verdict

Unanimous Verdict

Evidence

Type of Witness Evidence

Affirmative Evidence of Innocence

Fresh Evidence

CCRC Referral

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

Previous Appeals

Number of Previous Applications

Legal Representation on Appeal

Kate O’Raghallaigh instructed by Neil Hudgell of Hudgell Solicitors

Is Post Office Case

Yes