KK, R v

KK, R v

The trial judge made sufficient enquiries into the jury irregularity, discharged the offending juror and the jury for NK, and gave clear directions. No real risk of unfairness or bias arose. The convictions and sentences for the remaining defendants are safe and justified. The judge's exercise of discretion in evidence admission/exclusion and sentencing was proper.

Parties
Respondent: R; Appellant/applicant: KK; Appellant/applicant: RA; Appellant/applicant: KI; Appellant/applicant: AY; Appellant/applicant: HK; Appellant/applicant: AH; Appellant/applicant: KH; Appellant/applicant: MI
Jurisdiction
England and Wales
Judgment Date
04 October 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeals against conviction and sentence dismissed except for AY's sentence, which was reduced.
Legal Topics
Jury Irregularity, Apparent Bias, Sexual Offences, Bad Character Evidence, Identification Evidence, Sentencing, Fresh Evidence
Criminal Law Procedure Jury Irregularity Apparent Bias Sexual Offences Bad Character Evidence Identification Evidence Sentencing +1 more

Case Brief

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Parties

R

Respondent

KK

Appellant/applicant

RA

Appellant/applicant

KI

Appellant/applicant

AY

Appellant/applicant

HK

Appellant/applicant

AH

Appellant/applicant

KH

Appellant/applicant

MI

Appellant/applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in not discharging the entire jury after jury irregularity
  2. 2 Whether convictions are unsafe due to jury misconduct
  3. 3 Whether the judge erred in handling identification evidence

Ratio Decidendi

The trial judge made sufficient enquiries into the jury irregularity, discharged the offending juror and the jury for NK, and gave clear directions. No real risk of unfairness or bias arose. The convictions and sentences for the remaining defendants are safe and justified. The judge's exercise of discretion in evidence admission/exclusion and sentencing was proper.

Court Disposition

Appeals against conviction and sentence dismissed except for AY's sentence, which was reduced.

Orders

  • AY's sentence reduced from 7.5 years to 5.5 years imprisonment.
  • All other appeals and applications refused.