Alison Murphy [2019] EWCA Crim 1274

The applicant was convicted of attempted murder and sentenced to 17 years imprisonment, she renewed applications for leave to appeal out of time and for leave to appeal against conviction.

Significant messages were found demonstrating a clear agreement between the applicant and her son, Gary, who was her co-accused, to kill her other son, Anthony. At the end of the messages Gary arrived at the applicant’s home with a knife which he used to stab his brother in the neck. The applicant rang the emergency services and staunched the flow of blood, likely saving his life. Gary pleaded guilty to attempt murder, the applicant denied sending the messages to Gary. Anthony was asked whether he had sent the messages and could not recall as he was drunk. It was a clear issue for the jury to determine whether they were sure the applicant had sent the messages rather than Anthony.

The simple ground of appeal was that fresh evidence undermined the safety of the conviction. That evidence being further statements and interviews of Anthony. The Crown argued the evidence did not satisfy s23 of the Criminal Appeal Act 1968 in that it is incapable of belief.

Held: the Court was not persuaded that the further evidence provided any fresh evidence to establish any ground of appeal. The messages did not appear to be from on brother to another, Anthony did not assert at trial that he had sent the messages and he had given his account on a number of different occasions since the applicant’s conviction and was not able to describe the content of the messages. Most significantly the applicant contacted him in a phone call from prison and asked him to go to the police and tell them he had not been excessively drunk.

The applications were refused, as the sentence was at the bottom of the range there was no merit in an appeal against sentence either.