01. Miscarriages of Justice Registry

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Case: Thomas Smart

2009

Conviction overturned

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Table of Contents

Description
Thomas Smart was convicted of possessing live ammunition following a bullet keyring being found at his home. The keyring was sent to the Government’s Forensic Science Service (FSS) for testing, and they concluded it was a live round. He felt forced to plead guilty to the crime. His conviction was quashed after the FSS admitted that the wrong exhibit had been examined.
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Overview

Jurisdiction

England & Wales

First & Last Name

Thomas
Smart

Gender

M

Ethnicity

White

Age When Imprisoned

Age When Released

Years in Prison

Compensation

Compensation Paid

Compensation Link

Compensation Type

Compensation Amount

Dates

Year of Crime

2008

Year of Conviction

2008

Year Conviction was Overturned

2009
Excerpt

Research information

Reference

294

Link to Full Case

https://www.bailii.org/ew/cases/EWCA/Civ/2013/783.html

Offences

Offence

Other

Offence Convicted Of

Possession of ammunition

Most Serious Offence

Other

Courts

Factors Involved

False or misleading forensic evidence

Guilty Plea

Yes

Tried with Others

Retrial

Majority Verdict

Unanimous Verdict

Evidence

Type of Witness Evidence

Affirmative Evidence of Innocence

Y

Fresh Evidence

CCRC Referral

Neutral Citation

[2013] EWCA Civ 783

Online Press

https://www.bbc.com/news/uk-england-merseyside-23150487

Crown Argued Case at CofA

Previous Appeals

Unknown

Number of Previous Applications

Legal Representation on Appeal

Is Post Office Case