Alun Jones QC and Martin Henley, instructed by AM International, have successfully defended in R v KD at the Old Bailey against a charge of murder. This case presented unique circumstances. KD was convicted of murder in 2013, but the Court of Appeal in 2014 quashed the conviction and ordered a retrial. The retrial ended when the jury was discharged at the end of the prosecution case. A third trial in early 2016 ended in a second conviction for murder.
KD was convicted on a joint enterprise basis. However the Supreme Court, in the case of Jogee, found that the law had taken a wrong turn 30 years ago, and that the test is whether the accused had the intention to cause death or serious harm, not foresight.
KD instructed Alun and Martin and in March 2018 a second appeal succeeded on their joint enterprise arguments. Uniquely, a second retrial was more than 5 years after the original trial.
The prosecution accepted a plea to manslaughter in October 2018, having refused such an offer at the Court of Appeal. KD was sentenced to 12 years and 9 months. Having already served 6 years and 2 months he has 2 more months more to serve. Had the 22 year minimum term life sentence, stood, passed after the first conviction, stood he would have had to serve at least a further 15 years.