01. Miscarriages of Justice Registry

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Case: Stephen Downing

17

Age When Imprisoned

2001

Conviction overturned

27

Years in prison

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Table of Contents

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.
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Overview

Jurisdiction

England & Wales

First & Last Name

Stephen
Downing

Gender

M

Ethnicity

White

Age When Imprisoned

17

Age When Released

Years in Prison

27

Compensation

Compensation Paid

Yes

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

Compensation Type

Compensation Amount

Dates

Year of Crime

1973

Year of Conviction

1973

Year Conviction was Overturned

2001
Excerpt

Research information

Reference

49

Link to Full Case

https://www.bailii.org/ew/cases/EWCA/Crim/2002/263.html

Offences

Offence

Murder

Offence Convicted Of

Murder

Most Serious Offence

Murder

Courts

Factors Involved

Confession, False or misleading forensic evidence, Official misconduct

Guilty Plea

Tried with Others

Retrial

Majority Verdict

Unanimous Verdict

Evidence

Type of Witness Evidence

Affirmative Evidence of Innocence

Fresh Evidence

Evidence undermining forensic science

CCRC Referral

Yes

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

Is Post Office Case