DS, R. v [2017] EWCA Crim 870 (16 June 2017)

DS, R. v [2017] EWCA Crim 870 (16 June 2017)

The Court held that the Facebook messages were peripheral, could and should have been obtained earlier, and their exclusion did not render the conviction unsafe; the trial judge's handling of the jury note and directions to the jury were appropriate and sufficient to address any risk of bias or impropriety; and the sentence imposed, save for the correction on count 7, was not manifestly excessive or wrong in principle given the seriousness and totality of the offending.

Citation
[2017] EWCA Crim 870
Parties
Respondent: Regina; Applicant: DS
Jurisdiction
England and Wales
Judgment Date
16 June 2017
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Applications for Leave to Appeal Against Conviction and Sentence
Outcome
Application for leave to appeal against conviction refused; application for leave to appeal against sentence refused except for count 7, where sentence reduced.
Legal Topics
Rape, Sexual Offences, Appeal Against Conviction, Appeal Against Sentence, Jury Irregularity, Fresh Evidence, Sentencing Guidelines
Criminal Law Rape Sexual Offences Appeal Against Conviction Appeal Against Sentence Jury Irregularity Fresh Evidence Sentencing Guidelines

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Respondent

DS

Applicant

Procedural Posture

Criminal Appeal / Court of 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 following a juror's note alleging irregularities
  3. 3 Whether the sentence imposed was manifestly excessive or wrong in principle

Ratio Decidendi

The Court held that the Facebook messages were peripheral, could and should have been obtained earlier, and their exclusion did not render the conviction unsafe; the trial judge's handling of the jury note and directions to the jury were appropriate and sufficient to address any risk of bias or impropriety; and the sentence imposed, save for the correction on count 7, was not manifestly excessive or wrong in principle given the seriousness and totality of the offending.

Court Disposition

Application for leave to appeal against conviction refused; application for leave to appeal against sentence refused except for count 7, where sentence reduced.

Orders

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