Kinsella, Christopher

Christopher Kinsella was convicted in August 1997 at Lewes Crown Court of conspiracy to rob and received a sentence of 12 years’ imprisonment.

The conspiracy charge arose out of four armed robberies of post officers in 1995 in the Eastborne area of Brighton.

A Single Judge refused Mr Kinsella leave to appeal in January 1998 and the Full Court dismissed a renewed application for leave to appeal in July 1998.

Mr Kinsella then applied to the CCRC. In August 2001 a decision was made not to refer his case. In December 2003 the Commission agreed to consider his case again.

During review, the CCRC obtained new evidence affecting the reliability of witness evidence presented at trial and new evidence affecting the reliability of the prosecution’s identification evidence.

In addition, the CCRC considered that the judge did not sufficiently advise the jury to approach alleged “cell confession” evidence with caution.

The judge also did not direct the jury, as he should have done, that the burden of proof rested on the prosecution to disprove alibi evidence.

The judge’s use of the words “if you believe it,” in particular, could be said to have had the implied effect of reversing the burden of proof as it applied to the alibi evidence.

The CCRC referred the conviction in June 2005.

The Court of Appeal upheld the conviction in May 2006.