Foster, Mark

Mark Foster was convicted in January 2003 of attempted murder and received a sentence of nine months’ imprisonment.

The CCRC received an application for review of the conviction in July 2006.

The complainant, a sex worker, alleged that whilst in Mr Foster’s Lorry he had placed an elastic strap around her neck and applied pressure, causing breathing difficulties.

After she had released his grip, it was alleged that Mr Foster then attempted to put a cushion over her face before she escaped.

Mr Foster accepted that he had caused the injuries which the complainant had sustained but denied any attempt to murder, claiming he was attempting to restrain the complainant after she had hit him in an argument over payment.

During review, the CCRC considered the House of Lords decision in the case of R v Coutts (2006).

This decision indicated that, where there was evidence that an offence other than that which was on the indictment might have been committed, the judge was under an obligation to leave that alterative to jury.

The CCRC concluded that in this case, the trial judge had failed to leave to the jury an obvious alternative offence for which there was evidence to support, namely a completed or attempted offence of actual bodily harm or, alternatively, an attempted offence of grievous bodily harm with intent.

The CCRC referred the conviction in May 2007.

The Court of Appeal upheld the conviction in November 2007.