Fanning & Ors, R v

Fanning & Ors, R v

The court reaffirmed the test from Stone and Durante: verdicts are only inconsistent and unsafe if no reasonable jury properly directed could have arrived at them. In each appellant's case, the jury's verdicts could rationally be explained based on the evidence and directions, and thus the convictions are safe.

Parties
Respondent: Regina; Appellant: David Fanning; Applicant: Stuart Robert John Kerner; Applicant: Tomas Osianikovas; Applicant: Kasparas Smilginis; Appellant: Victor Lucas De Jesus
Jurisdiction
England and Wales
Judgment Date
28 April 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeals and applications dismissed; convictions upheld.
Legal Topics
Inconsistent Verdicts, Jury Reasoning, Unsafe Convictions, Sexual Offences, Appeals Procedure
Criminal Law Inconsistent Verdicts Jury Reasoning Unsafe Convictions Sexual Offences Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

David Fanning

Appellant

Stuart Robert John Kerner

Applicant

Tomas Osianikovas

Applicant

Kasparas Smilginis

Applicant

Victor Lucas De Jesus

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 What is the correct legal test for setting aside convictions based on allegedly inconsistent jury verdicts?
  2. 2 Are the verdicts in each appellant's case inconsistent and unsafe?
  3. 3 Should the court apply the test from Stone/Durante or the more elaborate Dhillon formulation?

Ratio Decidendi

The court reaffirmed the test from Stone and Durante: verdicts are only inconsistent and unsafe if no reasonable jury properly directed could have arrived at them. In each appellant's case, the jury's verdicts could rationally be explained based on the evidence and directions, and thus the convictions are safe.

Court Disposition

Appeals and applications dismissed; convictions upheld.

Orders

  • Appeals against conviction dismissed for Fanning, Kerner, Osianikovas, Smilginis, and De Jesus.
  • Applications for leave to appeal against conviction and sentence refused.