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Commission refers the joint enterprise murder conviction of Andre Johnson-Haynes to the Court of Appeal

(Posted on 18/06/19)

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Commission refers the joint enterprise murder conviction of Andre Johnson-Haynes to the Court of Appeal

The Criminal Cases Review Commission has referred the joint enterprise murder conviction of Andre Johnson-Haynes to the Court of Appeal.

Mr Johnson-Haynes was one of seven defendants tried on the basis of joint enterprise for the murder of Shakilus Townsend in London in July 2008.

All defendants pleaded not guilty at the Central Criminal Court in April 2009, but the jury returned guilty verdicts against all seven.

Mr Johnson-Haynes, who was 17 at the time of the murder, was ordered to be detained at Her Majesty’s pleasure with a minimum term of 12 years’ imprisonment – the starting point for youths in such circumstances.

Mr Johnson-Haynes’s application for leave to appeal refused in July 2011 – several years before the Supreme Court decision in the case of R-v-Jogee, Ruddock-v-The Queen [2016] UKSC 8, [2016] 2 WLR 681 (“Jogee”) made significant changes to the law in relation to secondary parties in joint enterprise cases.

He applied to the CCRC for a review of his case in March 2016 on the basis that the change in the law  regarding joint enterprise following Jogee may be relevant to his case.

Having considered the case in detail the Commission has decided to refer Mr Johnson-Haynes’s conviction to the Court of Appeal because it believes that there is a real possibility that the Court will find that it would be a substantial injustice to maintain Mr Johnson-Haynes’s conviction and will quash it as unsafe.

This referral is based on the change in the law in relation to the liability of secondary parties brought about by the judgment of the Supreme Court in Jogee, the scope of which was further clarified by the Court of Appeal in R-v-Johnson and others [2016] EWCA Crim 1613.

Mr Johnson-Haynes has been represented in his application to the CCRC Ms Antonita Arikaran of Cambrose Solicitors, Office 210, Camberwell Business Centre, 99-103 Lomond Grove Camberwell, London, SE5 7HN, and by Mr Michael Birnbaum QC.

This press release was issued by Justin Hawkins, Head of Communication, Criminal Cases Review Commission, on 0121 232 0906 or e-mail [email protected]