Cornwall v R.

Cornwall v R.

The presence of a journalist juror with publicly expressed views did not, in the circumstances, create a real possibility or danger of bias. The trial was conducted properly, and there was no evidence of partiality or unfairness. The sentence imposed was appropriate given the aggravating features and the applicant's age, and the judge's factual findings were upheld.

Parties
Applicant: Kenny Cornwall; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
26 November 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; application for leave to appeal against sentence refused.
Legal Topics
Jury Impartiality, Murder, Sentencing, Bias, Self Defence, Provocation
Criminal Law Jury Impartiality Murder Sentencing Bias Self Defence Provocation

Case Brief

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Parties

Kenny Cornwall

Applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the presence of a journalist juror with publicly expressed views rendered the trial unfair or conviction unsafe
  2. 2 Whether the sentence imposed was appropriate given the applicant's age and circumstances

Ratio Decidendi

The presence of a journalist juror with publicly expressed views did not, in the circumstances, create a real possibility or danger of bias. The trial was conducted properly, and there was no evidence of partiality or unfairness. The sentence imposed was appropriate given the aggravating features and the applicant's age, and the judge's factual findings were upheld.

Court Disposition

Appeal against conviction dismissed; application for leave to appeal against sentence refused.

Orders

  • Leave to appeal against conviction granted
  • Appeal against conviction dismissed