Source: All England Reporter
Publisher Citation: [2011] All ER (D) 227 (Jan)
Neutral Citation: [2011] EWCA Crim 186
Court: Court of Appeal, Criminal Division
Judge:

Elias LJ, Kenneth Parker J and the Recorder of London (judgment delivered extempore)
Representation Jeffrey Israel (assigned by the Registrar of Criminal Appeals) for B.
  Roger Sahota (assigned by the Registrar of Criminal Appeals) for N.
  Catherine Pattison (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 28 January 2011

Catchwords

Criminal law - Trial - Jury - conspiracy to traffic persons for sexual exploitation - Controlling prostitution - Juror expressing racist remark - Judge failing to discharge jury - Whether tribunal impartial - Whether judge's direction correcting effect of prejudice - Whether appearance of bias - Whether conviction unsafe.

The Case

Criminal law Trial. The Court of Appeal, Criminal Division, held in dismissing the defendants' appeal against conviction for trafficking and prostitution offences, that a fair minded and informed observer would conclude that, notwithstanding a racial comment by one member of a jury during deliberations, the jury had considered the case on its merits. Accordingly, even applying the objective test in Sander v United Kingdom (Application 34129-96)31 EHRR 44, the trial judge had been right in not discharging a jury the convictions were safe.

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases