McMahon, R. v [2025] EWCA Crim 269 (26 February 2025)

McMahon, R. v [2025] EWCA Crim 269 (26 February 2025)

There was no evidence that the jury acted with prejudice or animosity; the judge properly addressed all concerns raised by jurors, and the acquittal on one count demonstrated fair consideration of the evidence. The conviction is not arguably unsafe, and the application for leave to appeal lacks legal merit.

Citation
[2025] EWCA Crim 269
Parties
Prosecution: Rex; Applicant/defendant: Jake McMahon
Jurisdiction
England and Wales
Judgment Date
26 February 2025
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
Application for extension of time and leave to appeal against conviction refused; loss of time order made.
Legal Topics
Jury Discharge, Unsafe Conviction, Sexual Offences, Loss of Time Order, Appeal Procedure
Criminal Law Jury Discharge Unsafe Conviction Sexual Offences Loss of Time Order Appeal Procedure

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Parties

Rex

Prosecution

Jake McMahon

Applicant/defendant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge erred in refusing to discharge the jury due to alleged prejudice and animosity towards the applicant
  2. 2 Whether the conviction is unsafe

Ratio Decidendi

There was no evidence that the jury acted with prejudice or animosity; the judge properly addressed all concerns raised by jurors, and the acquittal on one count demonstrated fair consideration of the evidence. The conviction is not arguably unsafe, and the application for leave to appeal lacks legal merit.

Court Disposition

Application for extension of time and leave to appeal against conviction refused; loss of time order made.

Orders

  • Refusal of extension of time to appeal
  • Refusal of leave to appeal against conviction