R v Wayne Clements

R v Wayne Clements

The jury's majority verdict of 9:2 with eleven jurors was invalid under section 17(1) of the Juries Act 1974, requiring annulment of the conviction and issuance of a writ of venire de novo.

Source-derived case information.

Parties
Respondent: Rex; Appellant: Wayne Clements
Jurisdiction
England and Wales
Judgment Date
12 January 2025
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal and Retrial
Outcome
conviction annulled; leave to appeal granted; retrial ordered
Legal Topics
Jury Verdicts, Sexual Offences, Retrial, Majority Directions
Criminal Law Jury Verdicts Sexual Offences Retrial Majority Directions

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Summary, issues, holding and outcome

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Parties

Rex

Respondent

Wayne Clements

Appellant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal and Retrial

Legal Issues

  1. 1 Validity of jury verdict majority under section 17(1) Juries Act 1974
  2. 2 Jurisdiction of Crown Court to set aside verdict after jury dispersal
  3. 3 Appropriateness of retrial following annulment of conviction

Ratio Decidendi

The jury's majority verdict of 9:2 with eleven jurors was invalid under section 17(1) of the Juries Act 1974, requiring annulment of the conviction and issuance of a writ of venire de novo.

Court Disposition

conviction annulled; leave to appeal granted; retrial ordered

Orders

  • Writ of venire de novo issued annulling conviction on count 1
  • Permission granted for retrial on count 1 with count 2 as alternative