de St Aubin, Leon

Leon de St Aubin and his co-defendant, Rupert Ross, were convicted on 8 November 2011 at the Central Criminal Court of the murder of Darcy Austin-Bruce outside HMP Wandsworth’s visitor centre in May 2009. They each received life sentences with a minimum term of 30 years.  

Both men appealed against their convictions in November 2011, but this was refused by the Single Judge in December 2012. Renewed applications to the Full Court were refused in May 2013.  

The CCRC received applications for review of the convictions in November 2017, accompanied by extensive submissions. After completing detailed examination of this material, the CCRC issued a decision declining to refer the cases in July 2022.  

Subsequently, further representations were received. A review found that there was a real possibility the Court of Appeal would quash the convictions.  

In the circumstances of this case, it was a mandatory requirement under Code D of the Police and Criminal Evidence Act 1984 for the police to hold an identification procedure. No such procedure was held.  

In view of the breach of Code D, which deprived the defendants of an important safeguard, a direction should have been given by the trial judge to explain to the jury that there had been a breach of the Code and how this may affect their consideration of evidence. No such direction was given.  

There was a real possibility the Court of Appeal would find that these irregularities caused significant prejudice to the fairness of Mr Ross and Mr de St Aubin’s trial, such that their convictions were unsafe. 

The CCRC referred the convictions in July 2025.