||All England Reporter
|| All ER (D) 227 (Jan)
|| EWCA Crim 186
||Court of Appeal, Criminal Division
Elias LJ, Kenneth Parker J and the Recorder of London (judgment delivered extempore)
||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.
||28 January 2011
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.
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.
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