Popescu, R. v [2010] EWCA Crim 1230 (20 May 2010)

Popescu, R. v [2010] EWCA Crim 1230 (20 May 2010)

The appellant's counsel and co-accused wanted the jury to have the transcripts for use in cross-examination and closing speeches; no objection was raised at trial; the judge gave appropriate warnings and a full summary of all evidence, including cross-examination; there was no unfair procedural or evidential...

Source-derived case information.

Citation
[2010] EWCA Crim 1230
Parties
Respondent: Regina; Appellant: Nicolae Lucian Popescu
Jurisdiction
England and Wales
Judgment Date
20 May 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; application for leave to appeal against sentence dismissed.
Legal Topics
Rape, Aiding and Abetting, Jury Procedure, Special Measures, Evidence in Chief, Transcripts, Fair Trial
Criminal Law Rape Aiding and Abetting Jury Procedure Special Measures Evidence in Chief Transcripts Fair Trial

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Summary, issues, holding and outcome

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Parties

Regina

Respondent

Nicolae Lucian Popescu

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the verdicts were unsafe due to the jury being permitted to retain and retire with transcripts of the complainant's ABE interviews
  2. 2 Whether the judge failed to give adequate directions regarding the use of the transcripts by the jury
  3. 3 Whether these alleged procedural irregularities rendered the trial unfair

Ratio Decidendi

The appellant's counsel and co-accused wanted the jury to have the transcripts for use in cross-examination and closing speeches; no objection was raised at trial; the judge gave appropriate warnings and a full summary of all evidence, including cross-examination; there was no unfair procedural or evidential advantage to the prosecution; the trial was fair and the verdicts are safe.

Court Disposition

Appeal against conviction dismissed; application for leave to appeal against sentence dismissed.

Orders

  • Conviction upheld; sentence of 11 years' imprisonment confirmed; recommendation for deportation stands.