Fatal heroin overdose manslaughter charge quashed by top judges

A NOTTINGHAM man who served a jail term for manslaughter over a friend's fatal heroin overdose has had his conviction overturned by top judges.

Francis William Butcher, 47, was put behind bars for three years at Nottingham Crown Court in 2005 after admitting manslaughter over the tragic death of Deborah Simpson.

Mr Justice Holroyde yesterday told London's Criminal Appeal Court Mr Butcher was prosecuted on the basis that he handed Ms Simpson the syringe which contained the lethal overdose.

Mr Butcher, of the Clifton Estate, challenged his conviction today because the law governing such cases has radically changed since he was sentenced in 2005.

Mr Justice Holroyde, sitting with Lord Justice Richards and Mr Justice Eady, said Mr Butcher's case had taken so long to reach the Appeal Court because he only discovered the change in the law two years ago.

He had pleaded guilty to manslaughter at the time "due to a recent decision of the Court of Appeal, which was subsequently reversed by the House of Lords," the judge added.

Had the law been in its current state he would never have admitted the charge, he explained.

"We quash the conviction for manslaughter," said Mr Justice Holroyde, who added: "We are satisfied that a retrial is not in the interests of the justice.

"Mr Butcher stands acquitted of the offence."

Source: http://rss.feedsportal.com/c/32715/f/503354/s/1321e2f2/l/0L0Sthisisnottingham0O0Cnews0CFatal0Eheroin0Eoverdose0Emanslaughter0Echarge0Equashed0Ejudges0Carticle0E32933440Edetail0Carticle0Bhtml/story01.htm

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