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Derek Bentley | |
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Born | Derek William Bentley 30 June 1933 |
Died | 28 January 1953 Wandsworth Prison, London, England | (aged 19)
Cause of death | Execution by hanging |
Resting place |
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Known for | Wrongful conviction and execution |
Criminal status | Executed (1953)
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Conviction(s) | Murder (overturned) |
Criminal penalty | Death by hanging |
Partner(s) | Christopher Craig |
Derek William Bentley (30 June 1933 – 28 January 1953) was a British man who was hanged for the murder of a policeman during a burglary. Christopher Craig, then aged 16, a friend and accomplice of Bentley, was accused of the murder. Bentley was convicted as a party to the crime under the English law principle of joint enterprise, as the burglary had been committed in mutual understanding and bringing deadly weapons. The outcome of the trial, and Home Secretary David Maxwell Fyfe's failure to grant clemency to Bentley, were highly controversial.
The jury at the trial found Bentley guilty based in large part on the prosecution's interpretation of the ambiguous phrase "Let him have it", Bentley's alleged exhortation to Craig, which prosecutors argued was an order to shoot and defence counsel argued was an order to surrender; this after Lord Chief Justice Goddard had described Bentley as "mentally aiding" the murder. Goddard sentenced Bentley to be hanged, despite a recommendation for mercy by the jury: under the Judgment of Death Act 1823, the judge's discretion at sentencing was taken away and therefore no other sentence was possible.
The Bentley case became a cause célèbre and led to a 40-year-long campaign to win Bentley a posthumous pardon, which was granted in 1993, and then a further campaign for the quashing of his murder conviction, which occurred in 1998.[1] Bentley's case is thus considered a case of miscarriage of justice alongside that of Timothy Evans, and pivotal in the successful campaign to abolish capital punishment in the United Kingdom.