Agera & Anor v R [2017] EWCA Crim 740 (09 June 2017)

Agera & Anor v R [2017] EWCA Crim 740 (09 June 2017)

The judge's handling of the juror incident was justified and did not reveal bias; the summing up on DNA evidence was fair; the direction on joint enterprise, though outdated, did not cause substantial injustice; and the minimum term of 30 years was appropriate given the facts and statutory framework. Applications for leave to appeal against conviction and sentence were refused.

Citation
[2017] EWCA Crim 740
Parties
Applicant: Stephen Agera; Applicant: Stephen Lansana; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
09 June 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Applications for leave to appeal against conviction and sentence refused.
Legal Topics
Robbery, Murder, Joint Enterprise, Jury Bias, DNA Evidence, Sentencing, Appeal Procedure
Criminal Law Robbery Murder Joint Enterprise Jury Bias DNA Evidence Sentencing Appeal Procedure

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Parties

Stephen Agera

Applicant

Stephen Lansana

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the presence and conduct of a juror with racist behaviour tainted the fairness of the trial and required discharge of the entire jury
  2. 2 Whether the judge's summing up on DNA evidence was unfairly prejudicial to the defence
  3. 3 Whether the direction on joint enterprise was defective in light of R v Jogee and if substantial injustice was caused

Ratio Decidendi

The judge's handling of the juror incident was justified and did not reveal bias; the summing up on DNA evidence was fair; the direction on joint enterprise, though outdated, did not cause substantial injustice; and the minimum term of 30 years was appropriate given the facts and statutory framework. Applications for leave to appeal against conviction and sentence were refused.

Court Disposition

Applications for leave to appeal against conviction and sentence refused.