Popescu, R. v

Popescu, R. v

The appellant had a fair trial because the transcripts were used with the knowledge and apparent consent of all counsel, including the appellant's, for the purpose of cross-examination and closing speeches; the judge gave appropriate warnings and a full summary of all evidence, and there was no unfair procedural or evidential advantage to the prosecution. The verdicts are safe.

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, Fair Trial, Jury Directions, Use of Transcripts, Special Measures
Criminal Law Rape Aiding and Abetting Fair Trial Jury Directions Use of Transcripts Special Measures

Case Brief

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 are 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 proper directions regarding the use of the transcripts by the jury
  3. 3 Whether the appellant received a fair trial

Ratio Decidendi

The appellant had a fair trial because the transcripts were used with the knowledge and apparent consent of all counsel, including the appellant's, for the purpose of cross-examination and closing speeches; the judge gave appropriate warnings and a full summary of all evidence, and there was no unfair procedural or evidential advantage to the prosecution. 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.