Daley, Kyrone

Kyrone Daley was convicted in April 2013 of murder and received a sentence of life imprisonment with a minimum term of 22 years.

The CCRC received an application for review of the conviction in November 2015.

Mr Daley had been a passenger in a car when the driver of that car had pulled up alongside another car and shot the victim. Mr Daley was convicted on the basis of “joint enterprise”.

In February 2016, while the case was under review, the Supreme Court made its decision in the cases of R-v-Jogee; Ruddock v The Queen [2016] UKSC 8 (Jogee) which changed the law in relation to joint enterprise convictions involving the liability of secondary parties.

Having considered the case in light of Jogee, and of the subsequent Court of Appeal decision in the cases of R-v-Johnson & others [2016] EWCA Crim 1613 (Johnson), the CCRC decided to refer Mr Daley’s conviction to the Court of Appeal because it considered there was a real possibility the Court would quash the conviction.

The referral was based on the change in the law in relation to the liability of secondary parties brought about by the judgment in Jogee and elaborated in Johnson, and on the basis that the Court of Appeal could conclude that to uphold Mr Daley’s conviction would amount to a “substantial injustice”.

The CCRC referred the conviction in July 2018.

The Court of Appeal upheld the conviction in April 2019.