L, R v [2014] NICA 40 (20 May 2014)

L, R v [2014] NICA 40 (20 May 2014)

The judge properly investigated the potential for bias, Juror No.124's acquaintance with E was minimal and did not create a real possibility of bias, and there was no objectively justified or legitimate doubt as to her impartiality. The verdicts were therefore safe.

Citation
[2014] NICA 40
Parties
Prosecution: R (The Queen); Defendant/appellant: L
Jurisdiction
Northern Ireland
Judgment Date
20 May 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Jury Trial
Outcome
Appeal dismissed
Legal Topics
Jury Bias, Sexual Offences, Appeal Against Conviction, Jury Discharge, Impartiality
Criminal Law Jury Bias Sexual Offences Appeal Against Conviction Jury Discharge Impartiality

Case Brief

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Parties

R (The Queen)

Prosecution

L

Defendant/appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Jury Trial

Legal Issues

  1. 1 Whether the trial judge erred in refusing to discharge Juror No.124 for potential bias
  2. 2 Whether the trial judge erred in refusing to discharge the whole jury after discharging two jurors

Ratio Decidendi

The judge properly investigated the potential for bias, Juror No.124's acquaintance with E was minimal and did not create a real possibility of bias, and there was no objectively justified or legitimate doubt as to her impartiality. The verdicts were therefore safe.

Court Disposition

Appeal dismissed

Orders

  • Conviction upheld
  • No order as to retrial or discharge of jury