Key Facts
- •Jonathan Moorby (applicant) convicted in absentia on 15 December 2014 of possession of Class A and Class B drugs with intent.
- •Sentenced to 15 years (count 1) and concurrent 4 years (count 2).
- •Conviction based on evidence from Katy Woodhouse (accomplice) and her daughter Abi Booth.
- •Allegations of police misconduct by Detective Sergeant Fitzpatrick (DSF) emerged in 2021 via WhatsApp messages.
- •DSF is under investigation for gross misconduct, including allegations of inappropriate contact with Katy Woodhouse.
- •Moorby's appeal is based on the argument that DSF's misconduct tainted the evidence and rendered the conviction unsafe.
- •Moorby also appeals his sentence.
Legal Principles
Section 23 of the Criminal Appeal Act 1968 (admitting fresh evidence)
Criminal Appeal Act 1968
Test for unsafe convictions: whether the evidence before the jury, viewed as a whole, was sufficient to justify conviction.
Case law (implied)
Sentencing guidelines for drug offences (Category 2)
Sentencing Council Guidelines
Outcomes
Appeal against conviction refused.
While DSF's misconduct was unprofessional, other compelling evidence (Abi Booth's testimony) supported the conviction. Katy Woodhouse's evidence, while flawed, was corroborated, and the judge gave appropriate warnings to the jury.
Appeal against sentence refused.
The sentence was proportionate to the seriousness of the offence, considering the quantity of drugs, Moorby's leading role, prior convictions, and the vulnerability of Katy Woodhouse. Moorby's subsequent offences in Thailand were irrelevant to the original sentencing.