Mickevicius & Ors v R

Mickevicius & Ors v R

The confusion in jury directions and verdict-taking did not render the convictions unsafe for Counts 1 and 2, as evidence of non-consensual sexual activity was clear. However, the conviction for anal rape (Count 3) against Bagdziunas was unsafe due to improper verdict-taking and was quashed. Sentences for Counts 1 and 2 were upheld except for Bagdziunas, whose sentence was reduced to reflect the quashing of Count 3.

Parties
1st Appellant: Minddaugus Mickevicius; 2nd Appellant: Aivaras Urbonas; 3rd Appellant: Arturas Bagdziunas; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
06 July 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeals against conviction for Counts 1 and 2 dismissed; conviction for Count 3 quashed; sentence for Bagdziunas reduced; sentences for Mickevicius and Urbonas upheld.
Legal Topics
Rape, Joint Enterprise, Jury Directions, Unsafe Verdicts, Sentencing
Criminal Law Rape Joint Enterprise Jury Directions Unsafe Verdicts Sentencing

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Parties

Minddaugus Mickevicius

1st Appellant

Aivaras Urbonas

2nd Appellant

Arturas Bagdziunas

3rd Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether jury directions and verdict-taking rendered convictions unsafe
  2. 2 Whether joint enterprise was properly applied
  3. 3 Whether sentences were manifestly excessive

Ratio Decidendi

The confusion in jury directions and verdict-taking did not render the convictions unsafe for Counts 1 and 2, as evidence of non-consensual sexual activity was clear. However, the conviction for anal rape (Count 3) against Bagdziunas was unsafe due to improper verdict-taking and was quashed. Sentences for Counts 1 and 2 were upheld except for Bagdziunas, whose sentence was reduced to reflect the quashing of Count 3.

Court Disposition

Appeals against conviction for Counts 1 and 2 dismissed; conviction for Count 3 quashed; sentence for Bagdziunas reduced; sentences for Mickevicius and Urbonas upheld.

Orders

  • Verdict of guilty on Count 3 against Bagdziunas quashed.
  • Appeals in relation to Counts 1 and 2 dismissed for all appellants.