Ahmed Qasem v Regina

Ahmed Qasem v Regina

Material irregularities occurred due to the judge's failure to disclose jury notes relating to the trial to counsel, depriving the defence of the opportunity to address relevant issues and affecting the safety of the convictions.

Parties
Appellant: Ahmed Qasem; Appellant: Eric Mathew Oppong; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
18 December 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed; convictions quashed
Legal Topics
Rape, Jury Notes, Evidence Exclusion, Sexual Offences, Trial Irregularity
Criminal Law Rape Jury Notes Evidence Exclusion Sexual Offences Trial Irregularity

Case Brief

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Parties

Ahmed Qasem

Appellant

Eric Mathew Oppong

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge erred in not disclosing jury notes to counsel
  2. 2 Whether the judge wrongly excluded evidence under s.41 of the Youth Justice and Criminal Evidence Act 1999
  3. 3 Whether the convictions are unsafe due to procedural irregularities

Ratio Decidendi

Material irregularities occurred due to the judge's failure to disclose jury notes relating to the trial to counsel, depriving the defence of the opportunity to address relevant issues and affecting the safety of the convictions.

Court Disposition

appeal allowed; convictions quashed

Orders

  • Appeal against conviction allowed
  • No need to address renewed application for leave to appeal on ground 2