KS, R. v (Rev 2)

KS, R. v (Rev 2)

The appeal was allowed because, although the judge was entitled to discharge the jury and consider continuing the trial alone after finding jury tampering, the cumulative effect of his prior involvement in related trials, exposure to prejudicial and inadmissible material, and the use of undisclosed evidence created a perception of bias such that a fair-minded observer would conclude there was a real possibility of unfairness if the judge alone determined the verdict.

Parties
Prosecution: R; Appellant: KS
Jurisdiction
England and Wales
Judgment Date
17 November 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Judge Alone Trial After Jury Discharge
Outcome
appeal allowed
Legal Topics
Jury Tampering, Judge Alone Trial, Apparent Bias, Public Interest Immunity, Fair Trial Rights
Criminal Law Procedure Jury Tampering Judge Alone Trial Apparent Bias Public Interest Immunity Fair Trial Rights

Case Brief

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Parties

R

Prosecution

KS

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Judge Alone Trial After Jury Discharge

Legal Issues

  1. 1 Whether the judge was correct to discharge the jury and continue the trial as judge alone under the Criminal Justice Act 2003 after finding jury tampering
  2. 2 Whether the use of undisclosed PII material to justify jury discharge and judge-alone trial was unfair to the appellant
  3. 3 Whether the judge's prior involvement in related trials and exposure to prejudicial material created a perception of bias making a fair trial impossible

Ratio Decidendi

The appeal was allowed because, although the judge was entitled to discharge the jury and consider continuing the trial alone after finding jury tampering, the cumulative effect of his prior involvement in related trials, exposure to prejudicial and inadmissible material, and the use of undisclosed evidence created a perception of bias such that a fair-minded observer would conclude there was a real possibility of unfairness if the judge alone determined the verdict.

Court Disposition

appeal allowed

Orders

  • Counsel to make written submissions as to appropriate or consequential orders within 14 days