CCRC refers mans sentence to the Court of Appeal for credit for time served whilst on remand

The Criminal Cases Review Commission (CCRC) has referred a man's sentence for murder and violent disorder to the Court of Appeal.

Hugo Nwankwo-Ekeh was convicted on 20 December 2012 at the Central Criminal Court of murder and violent disorder. He was 16 years of age at the time of the offences.

Mr Nwankwo-Ekeh was sentenced to life imprisonment with a minimum term of 16 years.

The CCRC received an application for review of Mr Nwankwo-Ekeh's sentence in February 2021. A further application for review of his conviction was received in November 2021.

Following a thorough review, the CCRC has decided to refer Mr Nwankwo-Ekeh's sentence to the Court of Appeal.

At sentencing, Mr Nwankwo-Ekeh was not credited with time he had spent in custody whilst on remand. In addition, new psychiatric evidence and legal argument indicates that the sentence may be manifestly excessive.

The CCRC has concluded there is a real possibility the Court of Appeal will reduce Mr Nwankwo-Ekeh's sentence.

A review into Mr Nwankwo-Ekeh's conviction is ongoing.

Notes to Editors:  

1. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently investigating 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.
2. There are currently 10 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.  The Chairman, who is also a Commissioner, is not involved in the casework decision-making process.
3. The CCRC usually receives around 1,400 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.
4. The CCRC considers whether, as a result of new information or argument on a point of law, there is a real possibility that the sentence would not be upheld were a reference to be made. New information or argument on a point of law is argument or information 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 an earlier appeal only if there are “exceptional circumstances”.
5. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.
6. 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 Twitter @ccrcupdate and Instagram the_ccrc .