Agera & Anor v R

Agera & Anor v R

The judge's handling of the jury issue was justified and revealed no legal error; the summing up on DNA evidence was fair and not advocacy; the joint enterprise direction, though outdated, did not result in substantial injustice; the minimum term for life imprisonment was appropriate given the facts and aggravating features.

Parties
Applicant: Stephen Agera; Applicant: Stephen Lansana; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
09 June 2017
Procedural Posture
Criminal Appeal / Judgment on Renewed Applications for Leave to Appeal Against Conviction and Sentence
Outcome
applications for leave to appeal against conviction and sentence refused
Legal Topics
Murder, Robbery, Conspiracy to Commit Burglary, Joint Enterprise, Jury Bias, Sentencing
Criminal Law Murder Robbery Conspiracy to Commit Burglary Joint Enterprise Jury Bias Sentencing

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Parties

Stephen Agera

Applicant

Stephen Lansana

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Renewed Applications for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the jury was biased due to a juror's racist conduct
  2. 2 Whether the judge's summing up on DNA evidence was fair
  3. 3 Whether the direction on joint enterprise was correct post-Jogee

Ratio Decidendi

The judge's handling of the jury issue was justified and revealed no legal error; the summing up on DNA evidence was fair and not advocacy; the joint enterprise direction, though outdated, did not result in substantial injustice; the minimum term for life imprisonment was appropriate given the facts and aggravating features.

Court Disposition

applications for leave to appeal against conviction and sentence refused