Shears-Kargbo, R v [2018] EWCA Crim 462 (09 March 2018)
The trial judge exercised discretion reasonably in all challenged decisions, addressed potential prejudice with proper directions, and correctly applied sentencing guidelines and the totality principle; no arguable grounds for appeal against conviction or sentence exist.
- Citation
- [2018] EWCA Crim 462
- Parties
- Prosecution: Regina; Applicant: Osman Shears-Kargbo
- Jurisdiction
- England and Wales
- Judgment Date
- 09 March 2018
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
- Outcome
- renewed applications for leave to appeal against conviction and sentence refused
- Legal Topics
- Rape, Sentencing, Jury Discharge, Severance of Indictment, Cross Admissibility, Totality Principle
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Osman Shears-Kargbo
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the trial judge erred in refusing to sever the indictment.
- 2 Whether the trial judge erred in discharging only one juror instead of the whole jury.
- 3 Whether the trial judge erred in failing to correct prosecuting counsel's assertion regarding the applicant's account.
Ratio Decidendi
The trial judge exercised discretion reasonably in all challenged decisions, addressed potential prejudice with proper directions, and correctly applied sentencing guidelines and the totality principle; no arguable grounds for appeal against conviction or sentence exist.
Court Disposition
renewed applications for leave to appeal against conviction and sentence refused
Full Case Text
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