Marshall & Anor, R. v

Marshall & Anor, R. v

Although the jury's access to extraneous internet material was a clear irregularity, there was no real possibility that it improperly influenced the verdicts. The jury relied on the judge for legal directions, returned discriminating verdicts, and the material did not relate to the facts in a way that could have prejudiced the appellants. The sentence of 18 years for manslaughter was not manifestly excessive given the use of a loaded shotgun in a robbery resulting in death.

Parties
Prosecution: Regina; Appellant: Jay Marshall; Appellant: Robert Crump
Jurisdiction
England and Wales
Judgment Date
17 January 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeals dismissed
Legal Topics
Jury Irregularity, Unsafe Conviction, Manslaughter, Robbery, Firearms Offences, Duress, Sentencing
Criminal Law Jury Irregularity Unsafe Conviction Manslaughter Robbery Firearms Offences Duress Sentencing

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Parties

Regina

Prosecution

Jay Marshall

Appellant

Robert Crump

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the presence of extraneous internet material in the jury room rendered the convictions unsafe
  2. 2 Whether the sentence for manslaughter was manifestly excessive

Ratio Decidendi

Although the jury's access to extraneous internet material was a clear irregularity, there was no real possibility that it improperly influenced the verdicts. The jury relied on the judge for legal directions, returned discriminating verdicts, and the material did not relate to the facts in a way that could have prejudiced the appellants. The sentence of 18 years for manslaughter was not manifestly excessive given the use of a loaded shotgun in a robbery resulting in death.

Court Disposition

appeals dismissed

Orders

  • Convictions upheld for both appellants
  • Leave to appeal against sentence refused for Marshall