R v The Crown

R v The Crown

The inadvertent provision of interview transcripts to the jury in retirement, without sufficient warning and without proper defence agreement, constituted a serious procedural irregularity that rendered the trial unfair and undermined the safety of the convictions.

Parties
Appellant: R; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
09 October 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; convictions quashed; retrial ordered
Legal Topics
Jury Procedure, ABE Interviews, Fair Trial, Sexual Offences, Evidence Handling
Criminal Law Jury Procedure ABE Interviews Fair Trial Sexual Offences Evidence Handling

Case Brief

Summary, issues, holding and outcome

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Parties

R

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the inadvertent provision of interview transcripts to the jury in retirement rendered the trial unfair
  2. 2 Whether the judge's directions and subsequent handling of the transcripts cured any unfairness
  3. 3 Whether the convictions were safe in light of the procedural irregularity

Ratio Decidendi

The inadvertent provision of interview transcripts to the jury in retirement, without sufficient warning and without proper defence agreement, constituted a serious procedural irregularity that rendered the trial unfair and undermined the safety of the convictions.

Court Disposition

Appeal allowed; convictions quashed; retrial ordered

Orders

  • Convictions quashed
  • Retrial to take place as soon as conveniently possible