Assault convict freed on appeal
Date published: 14 May 2013
A 21-YEAR-OLD man jailed for his alleged role in a savage beating has been freed by the Court of Appeal.
Three judges overturned the conviction of Jackson Wright of Rochdale Road, Royton, who was sent down for six years at Bradford Crown Court in February 2012 after being found guilty of wounding with intent during the fight at the Golden Lion pub, Todmorden, in October 2010.
The trial prosecutor claimed Mr Wright was one of a group from Oldham who attacked Ross McMillan (24) as he left the pub in the early hours. The victim was punched and kicked as he fell to the ground.
Seconds later he was dragged and thrown into a nearby canal. He suffered a badly-broken jaw.
One of his attackers, Daniel Cameron (23) later bragged on Facebook about the beating.
Jailed alongside Mr Wright were Cameron, of Laurel Avenue, Chadderton, and Craig Martin (25), of Rochdale Road, Royton, each jailed for eight years for wounding with intent. All three men challenged their conviction and sentences
Lord Justice Aikens ruled Mr Wright’s conviction “unsafe”. The judge, sitting with Mr Justice Silber and Mr Justice Royce, said Mr McMillan had been unable to make a clear identification and the prosecution evidence against him was “flimsy”.
The trial judge should have dismissed the case against Mr Wright before sending out the jurors to consider their verdicts, he said, adding: “The judge erred in not doing so”.
Lord Justice Aikens declined to quash the convictions of Cameron and Martin, noting that the identification evidence against Martin was “strong, if not overwhelming”.
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