Source: All England Reporter
Publisher Citation: [2009] All ER (D) 75 (Jan)
Court: Court of Appeal, Criminal Division

Moses LJ, Pitchford and Griffith Williams JJ (Judgment delivered extempore)

Representation Marian Lewis (assigned by the Registrar of Criminal Appeals) for the defendant.
  Hywel Hughes (instructed by the Crown Prosecution Service) for the prosecution.
Judgment Dates: 15 January 2009


Criminal law - Trial - Retirement of jury - Discharge of juror - Defendant convicted of numerous sexual offences by remaining jurors - Whether particular juror should have been discharged given her panic attacks suffered during deliberations - Whether whole jury should have been discharged in consequence of behaviour of different juror during deliberations - Whether convictions should be quashed.

The Case

Criminal law Trial. Court of Appeal, Criminal Division: The decision by a jury of 11 to convict the defendant of numerous sexual offences was not unsafe on the grounds that either a juror, other than the one which was discharged, should have been discharged by reason of the fact that she might, in the light of her circumstances, have found it difficult to remain impartial, or that the whole jury should have been discharged in consequence of the behaviour of the juror who was in fact discharged, namely, her decision, in the middle of deliberations, not to participate in further discussion with other jurors.

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