Cunliffe v Criminal Cases Review Commission

Cunliffe v Criminal Cases Review Commission

The CCRC applied the correct legal test for referral, considered all relevant evidence, and reasonably concluded there was no real possibility the Court of Appeal would find substantial injustice or unsafe conviction; the challenge failed on all grounds.

Parties
Claimant: Jordan Cunliffe; Defendant: Criminal Cases Review Commission
Jurisdiction
England and Wales
Judgment Date
11 April 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Joint Enterprise, Substantial Injustice, Judicial Review, Murder, Change of Law, Referral to Court of Appeal
Criminal Law Administrative Law Joint Enterprise Substantial Injustice Judicial Review Murder Change of Law Referral to Court of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Jordan Cunliffe

Claimant

Criminal Cases Review Commission

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the CCRC misapplied the statutory test for referral under s.13(1)(a) Criminal Appeal Act 1995
  2. 2 Whether the CCRC's decision was irrational or unreasonable in the Wednesbury sense
  3. 3 Whether the CCRC's decision was irrational regarding the timing of Jordan Cunliffe's participation in the joint enterprise

Ratio Decidendi

The CCRC applied the correct legal test for referral, considered all relevant evidence, and reasonably concluded there was no real possibility the Court of Appeal would find substantial injustice or unsafe conviction; the challenge failed on all grounds.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review is dismissed