KS, R. v

KS, R. v

The conviction was unsafe because the trial judge failed to adequately direct the jury on the irreconcilable conflict between the expert evidence (which suggested Sonia was the driver) and the eyewitness evidence (which suggested Sarjit was the driver), and failed to clarify that the oblique impact theory had no factual basis in the evidence.

Parties
Prosecution: Regina; Appellant: Sarjit Kumar Sahota; Appellant: Sonia Sahota; Appellant: Salochana Devi
Jurisdiction
England and Wales
Judgment Date
05 April 2006
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial and Sentence
Outcome
Appeal allowed; convictions quashed
Legal Topics
Perverting the Course of Justice, Expert Evidence, Summing Up, Unsafe Conviction
Criminal Law Perverting the Course of Justice Expert Evidence Summing Up Unsafe Conviction

Case Brief

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Parties

Regina

Prosecution

Sarjit Kumar Sahota

Appellant

Sonia Sahota

Appellant

Salochana Devi

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial and Sentence

Legal Issues

  1. 1 Whether the conviction for perverting the course of justice was safe in light of conflicting eyewitness and expert evidence
  2. 2 Whether the trial judge's summing-up adequately directed the jury on the significance of the expert evidence

Ratio Decidendi

The conviction was unsafe because the trial judge failed to adequately direct the jury on the irreconcilable conflict between the expert evidence (which suggested Sonia was the driver) and the eyewitness evidence (which suggested Sarjit was the driver), and failed to clarify that the oblique impact theory had no factual basis in the evidence.

Court Disposition

Appeal allowed; convictions quashed

Orders

  • Convictions for perverting the course of justice quashed
  • Convictions for summary only offences set aside under section 41(11) of the Criminal Justice Act 1988