McDonnell, R. v

The appeal was dismissed because the external material accessed by the jury was either not prejudicial or any potential prejudice could be adequately addressed by a clear judicial direction. There was no firm basis to conclude that the jury's verdict was reached on anything other than the evidence presented in court, and the convictions were therefore safe.

Parties: Prosecution: Regina; Appellant: Michael William McDonnell
Jurisdiction: England and Wales
Judgment Date: 30 July 2010
Procedural Posture: Criminal Appeal / Judgment on Appeal Against Conviction
Outcome: appeal dismissed
Legal Topics: Jury Misconduct, Internet Research by Jurors, Unsafe Conviction, Possession of Controlled Drugs, Possession of Prohibited Weapon

Criminal Law Jury Misconduct Internet Research by Jurors Unsafe Conviction Possession of Controlled Drugs Possession of Prohibited Weapon

Case Brief

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Parties

Regina

Prosecution

Michael William McDonnell

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

1 Whether the jury's use of external internet material rendered the conviction unsafe
2 Whether the trial judge erred in refusing to discharge the jury after discovering the misconduct
3 Whether the directions given to the jury were sufficient to remedy any prejudice

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Time for making an application for certification of a point of law extended to 15th October under section 34(2) of the Criminal Appeal Act 1968