Shale, David

David Shale was convicted in March 2001 of murder and received a sentence of life imprisonment.

The CCRC received an application for review of the conviction in August 2004.

Mr Shale had been convicted alongside his co-defendant, Mr Shortt, on the basis of joint enterprise.

The men were said to have gone to the victim’s flat where the victim was beaten to death. The prosecution alleged the motive was robbery.

Whilst both men were convicted, forensic evidence strongly suggested that it had been Mr Shortt who was responsible for the attack itself.

Following an abandoned appeal, Mr Shale applied to the CCRC on the basis that Mr Shortt had since indicated that he wished to take sole responsibility for the murder.

Following review, the CCRC concluded that Mr Shortt’s new evidence taking sole responsibility, together with a new expert psychiatric report which lent support to this evidence, served to potentially demonstrate that Mr Shale was not part of a joint enterprise.

The CCRC referred the conviction in March 2008.

The Court of Appeal upheld the conviction in July 2009.