R (on the application of Andukwa) v Secretary of State for Justice

Compensation – Crime. The claimant sought compensation, under s 133 of the Criminal Justice Act 1988, following the quashing of his conviction for possession of a false identity card with intent. The Administrative Court, in dismissing the application, held that the claimant's conviction had been quashed on the basis of a newly discovered matter of law on the already known facts. Accordingly, the subsequent appreciation, on facts and circumstances known at the time of the proceedings, that the claimant had had an available statutory defence was not capable being a 'newly discovered fact' within the meaning of s 133 of the 1988 Act.

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