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CCRC refers 2019 murder conviction to the Court of Appeal

Published:

A man’s murder conviction has been referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC) under the ‘exceptional circumstances’ rule. 

The referral relates to the issue of causation, a point of law which was previously considered by the court, but about which there is now further legal argument.  

Benjamin Field was convicted in August 2019 at Oxford Crown Court of the murder of Peter Farquhar. Mr Farquhar was found dead in his home in Maids Moreton in October 2015. Mr Field had pretended to be in a relationship with Mr Farquhar to inherit his estate.  

Mr Farquhar’s cause of death was determined as being a result of acute alcohol toxicity, but after a second post-mortem Flurazepam, which is commonly used to treat insomnia, was also found. Mr Field was sentenced to life imprisonment with a minimum term of 36 years.  

The prosecution case was that Mr Field had manipulated Mr Farquhar into changing his will and then killed him by giving him whisky and encouraging him to drink it. This was while deceiving him as to his true intention, so making it look as if he had drunk himself to death. The defence case was denial of an intention to kill. During the trial, the defence argued that as a matter of law an individual’s deceptive conduct could amount to murder only if the deception was as to the nature of the act, and not as to their intention in committing it. The trial judge ruled against this argument.  

Mr Field appealed his conviction, arguing that the legal ruling was incorrect and so the directions given to the jury in relation to causation were insufficient and wrong in law. The conviction was upheld by the Court of Appeal in March 2021. An application to re-open the appeal was also refused in March 2022.  

An application to the CCRC was received in September 2022 making two submissions: firstly, that the criticism on the directions on causation is supported by decisions on consent procured by deception in the law of sexual offences (where consent is invalidated only if the deception is as to the nature of the act or the identity of the perpetrator). 

Secondly, it has been argued there are exceptional circumstances which justify the court to reconsider the argument on causation which was made on appeal. Exceptional circumstances are considered where an argument has developed that could persuade the court that the conviction is unsafe. 

The issue of causation was dealt with extensively at trial and the appeal, but the CCRC has considered that this case should be referred as there is sufficient merit in the submissions now, giving rise to a real possibility that the court will find his conviction of murder unsafe.  

[ENDS] 

Notes to Editor: 

  1. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.     
  1. There are currently ten Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.  
  1. The CCRC usually receives around 1,500 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.     
  1. The CCRC considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal.  Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.       
  1. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe.     
  1. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on Facebook, Instagram (@the_ccrc) and Linkedin.