R v L (Non-discharge of Juror and Jury)

R v L (Non-discharge of Juror and Jury)

The trial judge was entitled to rely on the jurors' assurances that they could abide by their oaths and return verdicts based solely on the evidence. There was no evident need to discharge the juror or the entire jury, and the handling of the issue ensured the trial remained fair. The conviction is safe.

Parties
Appellant: L; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
17 May 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Jury Discharge, Sexual Offences, Jury Bias, Fair Trial
Criminal Law Jury Discharge Sexual Offences Jury Bias Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

L

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to discharge a juror who disclosed personal experience of sexual abuse and expressed difficulty in hearing the defence case
  2. 2 Whether the trial judge erred in refusing to discharge the entire jury after one juror was affected by another juror's disclosure

Ratio Decidendi

The trial judge was entitled to rely on the jurors' assurances that they could abide by their oaths and return verdicts based solely on the evidence. There was no evident need to discharge the juror or the entire jury, and the handling of the issue ensured the trial remained fair. The conviction is safe.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld
  • No order as to sentence, as no application for leave to appeal sentence was before the court