Smith & Anor, R v [2003] EWCA Crim 283 (19 February 2003)

Smith & Anor, R v [2003] EWCA Crim 283 (19 February 2003)

There was no evidence that the all-white jury failed to approach the evidence fairly or impartially; random selection is lawful and compatible with Article 6 ECHR. The judge's direction regarding guilty pleas was appropriate and did not mislead the jury. The convictions are safe.

Citation
[2003] EWCA Crim 283
Parties
Prosecution: The Queen; Appellant: Lance Percival Smith; Appellant: Stephen Andrew Rennie
Jurisdiction
England and Wales
Judgment Date
19 February 2003
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Jury Composition, Racial Bias, Fair Trial, Misdirection, Admissibility of Guilty Pleas

Case Brief

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Parties

The Queen

Prosecution

Lance Percival Smith

Appellant

Stephen Andrew Rennie

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

  1. 1 Whether trial by an all-white jury renders conviction unsafe in a racially charged case
  2. 2 Whether section 1 of the Juries Act 1974 is incompatible with Article 6 of the European Convention on Human Rights
  3. 3 Whether the judge misdirected the jury regarding the relevance of guilty pleas by co-accused

Ratio Decidendi

There was no evidence that the all-white jury failed to approach the evidence fairly or impartially; random selection is lawful and compatible with Article 6 ECHR. The judge's direction regarding guilty pleas was appropriate and did not mislead the jury. The convictions are safe.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal refused on jury composition ground
  • Convictions upheld