We were contacted by our client following his conviction aged 14 yrs old for murder, to advise regarding an appeal. In 2016 three persons were stabbed , one fatally, in Harrow. The Crown alleged a revenge gang attack in retaliation for other serious assaults. One evening P was present in a cab , together with others, who were armed with at least one zombie knife and latex gloves. The purpose of the cab journey was to hunt rival gang members in South Harrow and Harrow on whom to exact revenge. It was immediately clear to us that P required a mental health assessment. He was diagnosed with Autism Spectrum Disorder and Attention Deficit Disorder. We appealed the sentence and the Lord Chief Justice reduced his sentence. Having initially been unsuccessful in the Court of Appeal we were then successful in an application to the Criminal Cases Review Commission, who referred the conviction back to the Court of Appeal on the basis of fresh evidence. The court was persuaded that P had not had a fair trial, the new diagnosis itself may not have been sufficient , however P was a secondary party and another defendant in the earlier trial who was acquitted (also our client) had the protections in place of an intermediary as a vulnerable defendant, so there was a disparity. The Lord Chief Justice quashed the convictions. The prosecution sought a re-trial. P maintained his not guilty plea and following a trial was unanimously acquitted of murder and manslaughter by a jury at the Central Criminal Court in under 40 minutes.
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