JENNIFER NANCY JOHNSON v REGINA

JENNIFER NANCY JOHNSON v REGINA

The delay in prosecution did not render a fair trial impossible; the trial judge's summing up was balanced and did not amount to a direction to convict; the legal framework for duress was properly applied and is adequate for cases involving coercive and controlling relationships; and the sentence imposed was not manifestly excessive given the seriousness of the offences and the applicant's conduct.

Parties
Appellant: Jennifer Nancy Johnson; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
22 June 2022
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome
application for leave to appeal against conviction and sentence refused
Legal Topics
Perverting the Course of Justice, Perjury, Duress, Abuse of Process, Delay in Prosecution, Coercive Control, Domestic Violence
Criminal Law Perverting the Course of Justice Perjury Duress Abuse of Process Delay in Prosecution Coercive Control Domestic Violence

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Parties

Jennifer Nancy Johnson

Appellant

Regina

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the delay in prosecution rendered a fair trial impossible
  2. 2 Whether the summing up by the trial judge was biased or amounted to a direction to convict
  3. 3 Whether the defence of duress as currently formulated adequately addresses coercive and controlling relationships

Ratio Decidendi

The delay in prosecution did not render a fair trial impossible; the trial judge's summing up was balanced and did not amount to a direction to convict; the legal framework for duress was properly applied and is adequate for cases involving coercive and controlling relationships; and the sentence imposed was not manifestly excessive given the seriousness of the offences and the applicant's conduct.

Court Disposition

application for leave to appeal against conviction and sentence refused