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
Summary, issues, holding and outcome
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Parties
The Queen
Prosecution
Lance Percival Smith
Appellant
Stephen Andrew Rennie
Appellant
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether trial by an all-white jury renders conviction unsafe in a racially charged case
- 2 Whether section 1 of the Juries Act 1974 is incompatible with Article 6 of the European Convention on Human Rights
- 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
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