DA v R. [2008] EWCA Crim 2394 (24 October 2008)

DA v R. [2008] EWCA Crim 2394 (24 October 2008)

The judge failed to address the appellant's explanation for his absence, which was capable of showing reasonable cause under Section 20(4) of the Juries Act 1974. The absence of a written note was not, in the circumstances, sufficient to render the cause unreasonable. The conviction was therefore unsafe and quashed.

Citation
[2008] EWCA Crim 2394
Parties
Appellant: DA; Respondent: R
Jurisdiction
England and Wales
Judgment Date
24 October 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Summary Trial
Outcome
Appeal allowed; conviction quashed
Legal Topics
Jury Service, Failure to Attend, Reasonable Cause, Section 20 Juries Act 1974
Criminal Law Jury Service Failure to Attend Reasonable Cause Section 20 Juries Act 1974

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

DA

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Summary Trial

Legal Issues

  1. 1 Whether the appellant had reasonable cause for failing to attend as a juror under Section 20(4) of the Juries Act 1974
  2. 2 Whether the trial judge erred in law by not properly considering the appellant's explanation for absence

Ratio Decidendi

The judge failed to address the appellant's explanation for his absence, which was capable of showing reasonable cause under Section 20(4) of the Juries Act 1974. The absence of a written note was not, in the circumstances, sufficient to render the cause unreasonable. The conviction was therefore unsafe and quashed.

Court Disposition

Appeal allowed; conviction quashed