Johnson, R. v [2012] EWCA Crim 1863 (26 July 2012)

Johnson, R. v [2012] EWCA Crim 1863 (26 July 2012)

The trial judge acted within the range of reasonable responses by investigating the incident, obtaining assurances from the juror, and deciding not to discharge her. There was no real risk of bias or jury contamination established, and the conviction is therefore safe.

Citation
[2012] EWCA Crim 1863
Parties
Respondent: Regina; Appellant: Raphael Johnson
Jurisdiction
England and Wales
Judgment Date
26 July 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Jury Irregularity, Discharge of Juror, Bias, Assault Occasioning Actual Bodily Harm, Common Assault
Criminal Law Jury Irregularity Discharge of Juror Bias Assault Occasioning Actual Bodily Harm Common Assault

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Regina

Respondent

Raphael Johnson

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to discharge a juror after an incident involving potential bias
  2. 2 Whether the conviction is unsafe due to possible jury contamination

Ratio Decidendi

The trial judge acted within the range of reasonable responses by investigating the incident, obtaining assurances from the juror, and deciding not to discharge her. There was no real risk of bias or jury contamination established, and the conviction is therefore safe.

Court Disposition

Appeal dismissed

Orders

  • Conviction upheld
  • No order for retrial or discharge of jury