Rotaru, R. v [2023] EWCA Crim 496 (25 April 2023)

Rotaru, R. v [2023] EWCA Crim 496 (25 April 2023)

The trial judge's handling of the jury's concerns was appropriate and sufficient; no further inquiry was necessary. The proposed new ground of appeal is not reasonably arguable, and there is no good reason to grant an extension of time.

Citation
[2023] EWCA Crim 496
Parties
Prosecution: Rex; Applicant/defendant: Andrei Rotaru
Jurisdiction
England and Wales
Judgment Date
25 April 2023
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction, Extension of Time, and Amendment of Grounds
Outcome
All applications refused
Legal Topics
Rape, Jury Management, Appeals, Extension of Time, Fair Trial
Criminal Law Rape Jury Management Appeals Extension of Time Fair Trial

Case Brief

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Parties

Rex

Prosecution

Andrei Rotaru

Applicant/defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge failed to adequately investigate jury concerns about seeing defendants outside the courtroom and whether this rendered the trial unfair and convictions unsafe
  2. 2 Whether an extension of time for renewing the application for leave to appeal should be granted

Ratio Decidendi

The trial judge's handling of the jury's concerns was appropriate and sufficient; no further inquiry was necessary. The proposed new ground of appeal is not reasonably arguable, and there is no good reason to grant an extension of time.

Court Disposition

All applications refused