Humphrey, R v [2017] EWCA Crim 852 (08 June 2017)

Humphrey, R v [2017] EWCA Crim 852 (08 June 2017)

The conviction is safe as there is no solid foundation for suspecting the jury acted in breach of their oaths or failed to follow clear legal directions; no alternative verdict was raised by the evidence. The sentence is not manifestly excessive as the judge was entitled to find high culpability and aggravating features justified a sentence above the guideline starting point.

Citation
[2017] EWCA Crim 852
Parties
Respondent: Regina; Applicant: Jason Humphrey
Jurisdiction
England and Wales
Judgment Date
08 June 2017
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction and Sentence
Outcome
applications for leave to appeal conviction and sentence refused
Legal Topics
Attempted Robbery, Jury Directions, Sentencing, Alternative Verdicts
Criminal Law Attempted Robbery Jury Directions Sentencing Alternative Verdicts

Case Brief

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Parties

Regina

Respondent

Jason Humphrey

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction for attempted robbery was unsafe due to jury's note and possible compromise verdict
  2. 2 Whether the sentence of five-and-a-half years' imprisonment was manifestly excessive

Ratio Decidendi

The conviction is safe as there is no solid foundation for suspecting the jury acted in breach of their oaths or failed to follow clear legal directions; no alternative verdict was raised by the evidence. The sentence is not manifestly excessive as the judge was entitled to find high culpability and aggravating features justified a sentence above the guideline starting point.

Court Disposition

applications for leave to appeal conviction and sentence refused