Paba, R v [2000] EWCA Crim 15 (17th February, 2000)

Paba, R v [2000] EWCA Crim 15 (17th February, 2000)

The conviction was unsafe because a juror failed to disclose a close family relationship with officers involved in the prosecution, undermining the appearance and reality of justice. The judge was correct to question the jury panel, and the failure to disclose constituted a material irregularity.

Citation
[2000] EWCA Crim 15
Parties
Appellant: Mr Paba; Respondent: Commissioner of Customs & Excise
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial
Outcome
Appeal allowed; conviction quashed; retrial ordered
Legal Topics
Jury Irregularity, Bias, Value Added Tax Fraud, Retrial
Criminal Law Tax Law Jury Irregularity Bias Value Added Tax Fraud Retrial

Case Brief

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Parties

Mr Paba

Appellant

Commissioner of Customs & Excise

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial

Legal Issues

  1. 1 Whether the presence of a juror with undisclosed close family ties to officers involved in the prosecution rendered the conviction unsafe
  2. 2 Whether the trial judge's questioning of the jury panel was proper

Ratio Decidendi

The conviction was unsafe because a juror failed to disclose a close family relationship with officers involved in the prosecution, undermining the appearance and reality of justice. The judge was correct to question the jury panel, and the failure to disclose constituted a material irregularity.

Court Disposition

Appeal allowed; conviction quashed; retrial ordered

Orders

  • Conviction quashed
  • Fresh indictment to be preferred and appellant to be re-arraigned within two months