Description
Stephen Downing was convicted of the murder of Wendy Sewell, who was attacked and sexually assaulted in 1973 and died two days later from her injuries. Stephen had found Wendy badly injured but still allive. At that time he was 17 but had the reading age of an 11 year old. He was convicted on the basis of forensic evidence suggesting the blood stains on his clothes were likely caused by the attack, and on the basis of a confession that he made after more than seven hours of police interrogation and without a lawyer. On appeal, the forensic evidence was called into question by two scientists who suggested that the blood staining was equally consistent with the appellant’s account. The court also analysed the confession evidence and found that there had been breaches of relevant rules and that the confession was not reliable. For these reasons, the appeal was allowed.
Jurisdiction
England & Wales
Compensation
Compensation Link
https://www.dailymail.co.uk/news/article-132835/Record-payout-Downing.html#:~:text=The%20man%20who%20spent%2027,Home%20Office%20and%20the%20police
Dates
Year Conviction was Overturned
2001
Research information
Link to Full Case
https://www.bailii.org/ew/cases/EWCA/Crim/2002/263.html
Offences
Offence Convicted Of
Murder
Most Serious Offence
Murder
Courts
Factors Involved
Confession, False or misleading forensic evidence, Official misconduct
Affirmative Evidence of Innocence
Fresh Evidence
Evidence undermining forensic science
Neutral Citation
[2002] EWCA Crim 263
Online Press
https://www.theguardian.com/uk/2001/feb/08/davidward.jeevanvasagar
Crown Argued Case at CofA
Yes
Previous Appeals
Application for leave to appeal dismissed in 1974
Number of Previous Applications
1
Legal Representation on Appeal
Edward Fitz-gerald QC- https://www.theguardian.com/uk/2001/feb/08/davidward.jeevanvasagar