DS, R. v

DS, R. v

The Court held that the Facebook messages were peripheral, could and should have been obtained earlier, and their absence did not render the conviction unsafe. The judge's directions to the jury were sufficient to address any concerns of bias or impropriety, and there was no error in refusing to discharge the jury. The sentence imposed, save for count 7, was not manifestly excessive or wrong in principle.

Parties
Prosecution: Regina; Applicant: DS
Jurisdiction
England and Wales
Judgment Date
16 June 2017
Procedural Posture
Criminal Appeal / Judgment on Applications for Leave to Appeal Against Conviction and Sentence
Outcome
Application for leave to appeal against conviction and sentence refused except for count 7; sentence on count 7 reduced.
Legal Topics
Sexual Offences, Rape, Jury Irregularity, Fresh Evidence, Sentencing
Criminal Law Sexual Offences Rape Jury Irregularity Fresh Evidence Sentencing

Case Brief

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Parties

Regina

Prosecution

DS

Applicant

Procedural Posture

Criminal Appeal / Judgment on Applications for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit fresh Facebook message evidence after jury retirement
  2. 2 Whether the trial judge erred in refusing to discharge the jury after a juror raised concerns about deliberations and possible bias
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The Court held that the Facebook messages were peripheral, could and should have been obtained earlier, and their absence did not render the conviction unsafe. The judge's directions to the jury were sufficient to address any concerns of bias or impropriety, and there was no error in refusing to discharge the jury. The sentence imposed, save for count 7, was not manifestly excessive or wrong in principle.

Court Disposition

Application for leave to appeal against conviction and sentence refused except for count 7; sentence on count 7 reduced.

Orders

  • Leave to appeal against conviction refused.
  • Leave to appeal against sentence refused except for count 7.