Mr FQ

Mr FQ was convicted at Magistrates’ Court in August 2014 of sending a communication conveying false information with the intent to cause distress, contrary to section 1 (1)(a) of the Malicious Communications Act 1988. He was sentenced to four months’ imprisonment.

Mr FQ appealed against his conviction but lost his appeal. He applied to the CCRC in October 2014.

Having considered the case in detail, the CCRC decided to refer Mr FQ’s case to the Crown Court because it considered that there was a real possibility that his conviction would not be upheld.

The prosecution at trial had alleged that Mr FQ had sent the complainant an article (an online blog) that conveyed information which was false and which Mr FQ knew or believed to be false, for the purpose of causing distress or anxiety to the recipient, or to any other person to whom he intended that its contents or nature should be communicated.

During review, the CCRC considered new legal argument that Mr FQ’s action of posting a blog on the internet did not amount to “sending…to another person” as required by section 1 of the Malicious Communications Act 1988.

The CCRC referred the conviction in February 2018.

The Crown Court quashed the conviction in April 2018.