Hamou, R. v [2019] EWCA Crim 281 (19 February 2019)

Hamou, R. v [2019] EWCA Crim 281 (19 February 2019)

The trial judge's decisions to permit joinder, amendment, and trial in absence of Boer, without proper consideration of procedural requirements and the risk of prejudice to the applicants, constituted a material irregularity. The combination of procedural errors, including the absence of a proper arraignment of Boer on the amended indictment, the risk of prejudice from Boer's interview, and inadequate case management, rendered the convictions unsafe. Severance should have been ordered or the jury discharged once duress was withdrawn from Boer.

Citation
[2019] EWCA Crim 281
Parties
Applicant: Idris Hamou; Applicant: Ebrahem Gogo; Applicant: Hoshank Jojo; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
19 February 2019
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Applications for Leave to Appeal Against Conviction and Sentence
Outcome
Appeals allowed; convictions quashed; retrial ordered.
Legal Topics
Conspiracy, Assisting Unlawful Immigration, Joinder and Severance, Trial in Absence, Hearsay Evidence, Directions to Jury, Duress, Case Management
Criminal Law Conspiracy Assisting Unlawful Immigration Joinder and Severance Trial in Absence Hearsay Evidence Directions to Jury Duress +1 more

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Parties

Idris Hamou

Applicant

Ebrahem Gogo

Applicant

Hoshank Jojo

Applicant

Crown

Respondent

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 permitting joinder of indictments and trial in absence of a co-defendant
  2. 2 Whether the applicants suffered prejudice due to joint trial with an absent co-defendant and admission of his interview
  3. 3 Whether the directions to the jury were adequate and fair

Ratio Decidendi

The trial judge's decisions to permit joinder, amendment, and trial in absence of Boer, without proper consideration of procedural requirements and the risk of prejudice to the applicants, constituted a material irregularity. The combination of procedural errors, including the absence of a proper arraignment of Boer on the amended indictment, the risk of prejudice from Boer's interview, and inadequate case management, rendered the convictions unsafe. Severance should have been ordered or the jury discharged once duress was withdrawn from Boer.

Court Disposition

Appeals allowed; convictions quashed; retrial ordered.

Orders

  • Leave to appeal granted to all applicants.
  • Convictions of Idris Hamou, Ebrahem Gogo, and Hoshank Jojo quashed.