Smith, Donald

Donald Smith was convicted in September 1998 of possession of a Class A drug with intent to supply (crack cocaine).

Mr Smith received a sentence of five and a half years’ imprisonment and was ordered to forfeit a motor car and £1,430.74 in cash.

The CCRC received an application for review of the conviction in March 2000.

At trial, the prosecution put forward two claims: that Mr Smith had been in possession of drugs found on a search of his car, and that Mr Smith had been in possession of drugs found at a flat with which he was associated.

However, the trial judge omitted to give the jury a required direction.

When a jury are presented with a prosecution case in which there are two different scenarios each capable of proving guilt, the jury must all agree (or the requisite majority must agree) that the defendant is guilty of one or the other scenarios.

In this case, the jury could not convict if some jurors were sure that Mr Smith had been in possession of the drugs found in the car and others that he had been in possession of the drugs found in the flat.

The CCRC referred the conviction in June 2001.

The Court of Appeal quashed the conviction in October 2002.