Tom Wainwright of the Garden Court Crime Team acted for the Appellant, instructed by Greg Stewart and Matthew Ronchetti of GT Stewart, having not been counsel at the original trial.
The Appellant’s conviction was referred to the Court of Appeal by the Criminal Cases Review Commission on the ground that it related to an offence which took place in Cape Verde in 2015, and the UK courts only obtained jurisdiction over such offences committed abroad following legislation passed in 2021.
In response, the Crown sought to argue that the 2021 amendments did not create new offences and should be interpreted as applying retrospectively.
The Respondent’s submissions raised a novel point of law, involving complex issues of principle and legal philosophy, and important questions relating to the Rule of Law and Parliamentary Supremacy.
Following carefully crafted written submissions and compelling oral submissions, the Court of Appeal quashed the conviction for the reasons advanced by Tom. This meant the appellant’s seven-year sentence fell away and led to the appellant’s immediate release.
