Thompson & Ors v R

Thompson & Ors v R

Except in the case of David Blake, the court found no admissible evidence of jury irregularity or misconduct sufficient to render the convictions unsafe. Post-verdict complaints about deliberations are inadmissible. Where extraneous material or misconduct was alleged, the court found either no credible evidence or that the trial judge's directions and handling were proper. In David Blake's case, the possibility that a juror's experiment introduced extraneous material into deliberations without proper judicial direction rendered the conviction unsafe, and it was quashed.

Parties
Prosecution: R; Appellant: Benjamin Thompson; Appellant: Jason Crawford; Appellant: Ahmed Gomulu; Appellant: Christopher Allen; Appellant: David Blake; Appellant: Kamulete Kasunga
Jurisdiction
England and Wales
Judgment Date
14 July 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeals dismissed except for David Blake; his conviction quashed.
Legal Topics
Jury Irregularity, Jury Deliberations, Appeal Against Conviction, Extraneous Material, Jury Misconduct, Self Defence, Consent in Sexual Offences

Case Brief

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Parties

R

Prosecution

Benjamin Thompson

Appellant

Jason Crawford

Appellant

Ahmed Gomulu

Appellant

Christopher Allen

Appellant

David Blake

Appellant

Kamulete Kasunga

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 Whether alleged jury irregularities rendered convictions unsafe in each case
  2. 2 Whether post-verdict complaints about jury deliberations are admissible
  3. 3 Whether extraneous material or misconduct occurred requiring quashing of convictions

Ratio Decidendi

Except in the case of David Blake, the court found no admissible evidence of jury irregularity or misconduct sufficient to render the convictions unsafe. Post-verdict complaints about deliberations are inadmissible. Where extraneous material or misconduct was alleged, the court found either no credible evidence or that the trial judge's directions and handling were proper. In David Blake's case, the possibility that a juror's experiment introduced extraneous material into deliberations without proper judicial direction rendered the conviction unsafe, and it was quashed.

Court Disposition

Appeals dismissed except for David Blake; his conviction quashed.

Orders

  • Appeals of Benjamin Thompson, Jason Crawford, Ahmed Gomulu, Christopher Allen, and Kamulete Kasunga dismissed.
  • David Blake's conviction quashed due to jury irregularity.