Lopez, R. v

Lopez, R. v

The trial judge failed to properly consider whether the applicant had deliberately absented himself, did not investigate the reasons for his absence, and did not give the required jury directions regarding absence. These were material irregularities rendering the conviction unsafe.

Parties
Prosecutor: Regina; Appellant: Junior Clarke Lopez
Jurisdiction
England and Wales
Judgment Date
20 September 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed; convictions quashed; appellant to be released; no retrial ordered.
Legal Topics
Trial in Absence, Possession With Intent to Supply, Burden of Proof, Jury Directions, Appeal Procedure
Criminal Law Trial in Absence Possession With Intent to Supply Burden of Proof Jury Directions Appeal Procedure

Case Brief

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Parties

Regina

Prosecutor

Junior Clarke Lopez

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in proceeding with the trial in the absence of the defendant
  2. 2 Whether the judge failed to give proper directions to the jury regarding the defendant's absence
  3. 3 Whether the summing-up was defective and undermined the fairness of the trial

Ratio Decidendi

The trial judge failed to properly consider whether the applicant had deliberately absented himself, did not investigate the reasons for his absence, and did not give the required jury directions regarding absence. These were material irregularities rendering the conviction unsafe.

Court Disposition

Appeal allowed; convictions quashed; appellant to be released; no retrial ordered.

Orders

  • Leave to appeal granted
  • Convictions quashed