Cheung, R. v

Cheung, R. v

The judge's directions to the jury were inadequate and confused the prosecution's burden of proof with the defendant's burden under the statutory defence, leading to a real risk that the jury approached the statutory defence wrongly. The convictions on counts 2 to 8 are unsafe and must be quashed.

Parties
Applicant/appellant: Ping Chen Cheung; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
20 August 2009
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Conviction and Sentence; Determination of Retrial
Outcome
Appeal allowed; convictions on counts 2 to 8 quashed; no retrial ordered; conviction and sentence on count 1 stand.
Legal Topics
Possession, Extreme Pornography, Statutory Defence, Directions to Jury, Retrial
Criminal Law Possession Extreme Pornography Statutory Defence Directions to Jury Retrial

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Parties

Ping Chen Cheung

Applicant/appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Conviction and Sentence; Determination of Retrial

Legal Issues

  1. 1 Whether the trial judge's directions to the jury on possession and the statutory defence under section 65(2)(b) of the Criminal Justice and Immigration Act 2008 were adequate and correct
  2. 2 Whether the conviction on counts 2 to 8 is safe

Ratio Decidendi

The judge's directions to the jury were inadequate and confused the prosecution's burden of proof with the defendant's burden under the statutory defence, leading to a real risk that the jury approached the statutory defence wrongly. The convictions on counts 2 to 8 are unsafe and must be quashed.

Court Disposition

Appeal allowed; convictions on counts 2 to 8 quashed; no retrial ordered; conviction and sentence on count 1 stand.

Orders

  • Convictions on counts 2 to 8 quashed
  • No retrial to be held