DA v R.

DA v R.

The trial judge erred by failing to address the appellant's explanation for his absence from court, which was capable of amounting to 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.

Parties
Appellant: DA; Respondent: R
Jurisdiction
England and Wales
Judgment Date
24 October 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; conviction quashed
Legal Topics
Jury Service, Failure to Attend as Juror, Reasonable Cause, Appeal Procedure
Criminal Law Jury Service Failure to Attend as Juror Reasonable Cause Appeal Procedure

Case Brief

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Parties

DA

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

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 addressing the appellant's explanation for absence
  3. 3 Whether the absence of a written note from the appellant was fatal to his defence

Ratio Decidendi

The trial judge erred by failing to address the appellant's explanation for his absence from court, which was capable of amounting to 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.

Court Disposition

appeal allowed; conviction quashed