Barkauskas v R [2017] EWCA Crim 1210 (08 August 2017)

Barkauskas v R [2017] EWCA Crim 1210 (08 August 2017)

The trial judge's rulings on disclosure and PII were thorough and fair, expert evidence was properly managed, jury directions were adequate, refusal to admit video evidence and discharge the jury were correct, and the judge's conduct did not affect the fairness of the trial. Sentencing reflected the applicants' roles and seriousness of the offences; no grounds for appeal were made out.

Citation
[2017] EWCA Crim 1210
Parties
1st Appellant: Juozas Franckevicius; 2nd Appellant: Edmundus Barkauskas; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
08 August 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Disclosure, Public Interest Immunity, Expert Evidence, Case Management, Sentencing
Criminal Law Abuse of Process Disclosure Public Interest Immunity Expert Evidence Case Management Sentencing

Case Brief

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Parties

Juozas Franckevicius

1st Appellant

Edmundus Barkauskas

2nd Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in disclosure and Public Interest Immunity rulings
  2. 2 Whether repeated expert evidence was improperly permitted
  3. 3 Whether jury directions on expert evidence were inadequate

Ratio Decidendi

The trial judge's rulings on disclosure and PII were thorough and fair, expert evidence was properly managed, jury directions were adequate, refusal to admit video evidence and discharge the jury were correct, and the judge's conduct did not affect the fairness of the trial. Sentencing reflected the applicants' roles and seriousness of the offences; no grounds for appeal were made out.

Court Disposition

Appeal dismissed

Orders

  • Applications for leave to appeal against conviction and sentence are refused.