L, R. v (Non-discharge of Juror and Jury) [2024] EWCA Crim 550 (09 May 2024)

L, R. v (Non-discharge of Juror and Jury) [2024] EWCA Crim 550 (09 May 2024)

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 a fair trial. The conviction is safe.

Citation
[2024] EWCA Crim 550
Parties
Respondent: Rex; Appellant: [Name withheld]
Jurisdiction
England and Wales
Judgment Date
09 May 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Jury Discharge, Jury Bias, Sexual Offences, Fair Trial
Criminal Law Jury Discharge Jury Bias Sexual Offences Fair Trial

Case Brief

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Parties

Rex

Respondent

[Name withheld]

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to discharge a juror who disclosed personal experience of abuse and discussed it with other jurors
  2. 2 Whether the trial judge erred in refusing to discharge the entire jury after one juror was affected by another'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 a fair trial. The conviction is safe.

Court Disposition

Appeal dismissed

Orders

  • Conviction upheld
  • No order as to sentence due to lack of jurisdiction on technical sentencing issue