"RT", R v

"RT", R v

There was no arguable basis for the assertion that a juror recognised the applicant or that any prejudice occurred; the judge's directions were legally sufficient; the sentence was appropriate and justified, except for the unlawful surcharge, which was quashed.

Parties
Applicant: RT; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
30 June 2020
Procedural Posture
Criminal Appeal / Judgment on Applications for Extension of Time and Leave to Appeal Against Conviction and Sentence
Outcome
Applications for extension of time and leave to appeal against conviction refused; extension of time and leave to appeal against sentence granted only to quash the surcharge; all other aspects of sentence upheld.
Legal Topics
Jury Irregularity, Sexual Offences, Appeal Against Conviction, Appeal Against Sentence, Dangerousness Finding, Sentencing Guidelines, Surcharge Legality
Criminal Law Jury Irregularity Sexual Offences Appeal Against Conviction Appeal Against Sentence Dangerousness Finding Sentencing Guidelines Surcharge Legality

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Parties

RT

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Applications for Extension of Time and Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the applicant's conviction is unsafe due to alleged jury irregularity (recognition by a juror)
  2. 2 Whether the trial judge's directions on consent were adequate
  3. 3 Whether the sentence imposed was excessive or unlawful, including the finding of dangerousness and imposition of a surcharge

Ratio Decidendi

There was no arguable basis for the assertion that a juror recognised the applicant or that any prejudice occurred; the judge's directions were legally sufficient; the sentence was appropriate and justified, except for the unlawful surcharge, which was quashed.

Court Disposition

Applications for extension of time and leave to appeal against conviction refused; extension of time and leave to appeal against sentence granted only to quash the surcharge; all other aspects of sentence upheld.

Orders

  • Surcharge order quashed
  • All other aspects of sentence to remain as before