Smith, R. v [2023] EWCA Crim 1256 (17 October 2023)

Smith, R. v [2023] EWCA Crim 1256 (17 October 2023)

The admitted actions of a juror in conducting internet research and sharing findings during deliberations introduced extraneous material, undermining the safety of the convictions and requiring them to be quashed with a retrial ordered.

Citation
[2023] EWCA Crim 1256
Parties
Appellant: Jason Smith; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
17 October 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
convictions quashed, retrial ordered, bail refused
Legal Topics
Jury Irregularity, Unsafe Conviction, Retrial, Contempt of Court Act 1981
Criminal Law Jury Irregularity Unsafe Conviction Retrial Contempt of Court Act 1981

Case Brief

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Parties

Jason Smith

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether jury irregularity due to extraneous material renders conviction unsafe
  2. 2 Whether convictions should be quashed and retrial ordered

Ratio Decidendi

The admitted actions of a juror in conducting internet research and sharing findings during deliberations introduced extraneous material, undermining the safety of the convictions and requiring them to be quashed with a retrial ordered.

Court Disposition

convictions quashed, retrial ordered, bail refused

Orders

  • Leave to appeal against conviction granted
  • Convictions quashed