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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether alleged jury irregularities rendered convictions unsafe in each case
- 2 Whether post-verdict complaints about jury deliberations are admissible
- 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.
Full Case Text
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