Jensen, R. v [2023] EWCA Crim 1706 (08 December 2023)

Jensen, R. v [2023] EWCA Crim 1706 (08 December 2023)

The conviction is safe as there was no failure of disclosure requiring further action, the judge properly exercised discretion regarding the juror issue, and the additional grounds raised by the applicant do not demonstrate any failings by counsel or prejudice sufficient to undermine the safety of the conviction.

Citation
[2023] EWCA Crim 1706
Parties
Prosecution: Rex; Applicant/defendant: Jannick Jensen
Jurisdiction
England and Wales
Judgment Date
08 December 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
all applications refused
Legal Topics
Sexual Offences, Appeals Against Conviction, Jury Irregularity, Disclosure Obligations, Consent in Sexual Offences
Criminal Law Sexual Offences Appeals Against Conviction Jury Irregularity Disclosure Obligations Consent in Sexual Offences

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Parties

Rex

Prosecution

Jannick Jensen

Applicant/defendant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the conviction was unsafe due to alleged disclosure failures and refusal to allow inspection of the complainant's phone download
  2. 2 Whether there was a material irregularity due to juror conduct and the judge's refusal to discharge a second juror
  3. 3 Whether fresh grounds of appeal based on alleged failures by defence counsel and prejudicial prosecution remarks rendered the conviction unsafe

Ratio Decidendi

The conviction is safe as there was no failure of disclosure requiring further action, the judge properly exercised discretion regarding the juror issue, and the additional grounds raised by the applicant do not demonstrate any failings by counsel or prejudice sufficient to undermine the safety of the conviction.

Court Disposition

all applications refused

Orders

  • Permission to add further grounds of appeal refused
  • Application for extension of time refused