Walla, Sophie

Sophie Walla was convicted in July 2006 of assault occasioning actual bodily harm and received a sentence of 15 months’ imprisonment.

The CCRC received an application for review of the conviction in May 2007.

The incident had occurred at a nightclub and the complainant’s evidence was that she was attacked first by Ms Walla and then by an associate of Ms Walla.

Ms Walla claimed she was not present at the scene at all.

During review, the CCRC obtained new witness evidence that directly contradicted important aspects of the prosecution’s case at trial and offered some support to the defence case.

In addition, the CCRC considered that the judge’s directions on joint enterprise were materially deficient.

The judge did not direct the jury explicitly that mere presence without active participation in an offence does not suffice to make a defendant guilty of a joint enterprise.

The CCRC referred the conviction in July 2009.

The Court of Appeal upheld the conviction in May 2010.