Smartphones hampering jury trials, appeal judge warns – Law Society’s Gazette

Posted November 29th, 2017 in internet, judges, juries, jury directions, news, telecommunications by sally

‘Smartphones and social media are causing headaches for judges, a Court of Appeal judge has warned in a speech highlighting current challenges faced in jury trials.’

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Law Society's Gazette, 27th November 2017

Source: www.lawgazette.co.uk

Retrial ordered for soldier accused of attempting to kill wife with sabotaged parachute – The Independent

Posted November 24th, 2017 in attempted murder, attempts, bullying, jury directions, murder, news, retrials by tracey

‘An Army sergeant is to face a retrial on charges of attempting to murder his wife by tampering with her parachute after the first jury failed to reach verdicts.’

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The Independent, 23rd November 2017

Source: www.independent.co.uk

Gosh! Where has Ghosh gone? – White Collar Crime Blog

Posted November 2nd, 2017 in appeals, jury directions, misrepresentation, news, Supreme Court by tracey

‘Ivey (Appellant) v Genting Casinos (UK) Ltd t/a Crockfords (Respondent) [2017] UKSC 67 On appeal from [2016] EWCA Civ 1093. The Supreme Court has today unanimously declared that the second stage of the Ghosh test of dishonesty does not correctly represent the law, and that directions based upon it ought no longer to be given by judges to juries.’

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White Collar Crime Blog, 28th October 2017

Source: www.2harecourt.com

Court of Appeal Ruling on Inquest Direction – Park Square Barristers

Posted April 6th, 2017 in appeals, inquests, jury directions, news, police, self-defence by sally

‘The applicant was the mother of Mark Duggan who was shot dead by a police officer following the vehicle he was driving being stopped in a planned operation mounted after the receipt of intelligence that he had acquired a firearm intended for criminal use. The applicant was appealing against the dismissal of her application for judicial review of the verdict of lawful killing returning by the jury at the Inquest.’

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Park Square Barristers, 4th April 2017

Source: www.parksquarebarristers.co.uk

Mark Duggan shooting: court considers appeal against inquest verdict – The Guardian

Posted March 2nd, 2017 in appeals, inquests, jury directions, news, police, unlawful killing by sally

‘The mother of Mark Duggan, whose fatal shooting by police in 2011 triggered riots across the country, is going to the court of appeal on Thursday in what she says is her “continuing search for justice” for her son.’

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The Guardian, 2nd March 2017

Source: www.guardian.co.uk

Proving Propensity via Allegations of Bad Character – 2 Hare Court

Posted February 21st, 2017 in appeals, bad character, evidence, jury directions, murder, news, Supreme Court by sally

‘The approach to contested non-conviction bad character evidence has changed in the wake of the Supreme Court’s judgment in the case of R v Mitchell [2016] UKSC 55.’

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2 Hare Court, 5th January 2017

Source: www.2harecourt.com

R v Jogee (Appellant) – Supreme Court

Posted February 18th, 2016 in appeals, joint enterprise, jury directions, law reports, murder, Supreme Court by sally

R v Jogee (Appellant) [2016] UKSC 8 (YouTube)

Supreme Court, 18th February 2016

Source: www.youtube.com/user/UKSupremeCourt

Ex-News of the World royal reporter’s conviction over prince leaks quashed – The Guardian

‘A former News of the World royal reporter who was found guilty of getting scoops from one of Prince Harry’s army colleagues has had his conviction quashed.’

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The Guardian, 8th July 2015

Source: www.guardian.co.uk

Regina v Hunter (Nigel); Regina v Saruwu (Joseph); Regina v Johnstone (Ian); Regina v Walker (Alan); Regina v Lonsdale (Paul) – WLR Daily

Posted April 30th, 2015 in crime, good character, jury directions, law reports by sally

Regina v Hunter (Nigel); Regina v Saruwu (Joseph); Regina v Johnstone (Ian); Regina v Walker (Alan); Regina v Lonsdale (Paul) [2015] EWCA Crim 631; [2015] WLR (D) 176

‘Only defendants with a good character or deemed to be of effective good character were entitled to a good character direction. Where a defendant had a bad character, a judge was not obliged to give a good character direction; he or she had a discretion.’

WLR Daily, 16th April 2015

Source: www.iclr.co.uk

Operation Elveden: Judge to allow majority verdicts – BBC News

Posted April 17th, 2015 in juries, jury directions, media, misfeasance in public office, news, verdicts by sally

‘The jury in the latest trial of journalists accused of illegally paying public officials has been told the judge will accept majority verdicts.’

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BBC News, 16th April 2015

Source: www.bbc.co.uk

Regina v ABC and others; Regina v Sabey – WLR Daily

Regina v ABC and others; Regina v Sabey [2015] EWCA Crim 539; [2015] WLR (D) 146

‘In a prosecution for misconduct in public office it was necessary for the judge to make clear that the necessary conduct was not simply a breach of duty or a breach of trust and that the level was one where the conduct was calculated to injure the public interest so as to call for condemnation and punishment, the threshold of conduct being so serious that it amounted to an abuse of the public’s trust in the office holder, and being a high threshold. In relation to aiding and abetting the offence it was not necessary to establish that the office holder intended to cross the threshold: means of knowledge available to the defendant to make the necessary assessment of the seriousness of the principal’s conduct was sufficient. In relation to conspiracy to commit the offence it was not necessary that a defendant knew or intended that the misconduct concerned would meet the requisite threshold of seriousness.’

WLR Daily, 26th March 2015

Source: www.iclr.co.uk

Mark Duggan’s family lose attempt to overturn inquest verdict – The Guardian

Posted October 14th, 2014 in appeals, coroners, inquests, jury directions, news, self-defence, unlawful killing by sally

‘The family of Mark Duggan have lost their attempt to overturn an inquest verdict that the police shooting of their loved one was a lawful killing.’

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The Guardian, 14th October 2014

Source: www.guardian.co.uk

Mark Duggan’s mother lodges legal challenge against judge – The Guardian

‘The mother of Mark Duggan, whose fatal shooting by police provoked the 2011 riots, has lodged a legal challenge against the judge who presided over the inquest into her son’s death, which ended with a jury making a majority ruling that he was lawfully killed.’

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The Guardian, 26th February 2014

Source: www.guardian.co.uk

Judge warns jury of wrongful prejudice over defendant’s Muslim face veil – The Guardian

‘A judge warned a jury on Wednesday that it was wrong to be prejudiced against anyone because of their expression of religious faith, as a Muslim defendant prepared to go on trial wearing a full face veil.’

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The Guardian, 22nd January 2014

Source: www.guardian.co.uk

Geoffrey Counsell cleared over M5 fireworks deaths – BBC News

Posted December 10th, 2013 in health & safety, homicide, jury directions, news, no case to answer by tracey

‘A man in charge of a fireworks display held on the night of a motorway crash in which seven people died has been cleared of breaching health and safety laws.’

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BBC News, 10th December 2013

Source: www.bbc.co.uk

Profumo affair scapegoat’s wrongful conviction down to top judges, says QC – The Guardian

‘Senior judges were to blame for the wrongful conviction of osteopath Stephen Ward who become a public scapegoat during the Profumo affair, according a fresh legal examination of the 1963 trial.’

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The Guardian, 2nd December 2013

Source: www.guardian.co.uk

R v Gul (Appellant) – Supreme Court

R v Gul (Appellant) 2013] UKSC 64 | UKSC 2012/0124 (YouTube)

Supreme Court, 23rd October 2013

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court considers definition of “terrorism” – UK Human Rights Blog

Posted October 24th, 2013 in appeals, jury directions, news, statutory interpretation, Supreme Court, terrorism by tracey

“R v Gul (Appellant) [2013] UKSC 64, 23 October 2013 – It is a platitude that one man’s terrorist is another man’s freedom fighter. It is for precisely this reason that the international community has not been able to agree on a definition of terrorism to be embedded in international law. The issue in this appeal was whether the definition of ‘terrorism’ in the UK Terrorism Act 2000 includes military attacks by non-state armed groups against national or international armed forces in a non-international armed conflict.”

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UK Human Rights Blog, 23rd October 2013

Source: www.ukhumanrightsblog.com

Regina v Turbill; Regina v Broadway – WLR Daily

Posted July 16th, 2013 in appeals, care homes, jury directions, law reports, negligence, wilful neglect by sally

Regina v Turbill; Regina v Broadway [2013] WLR (D) 279

“Where a defendant who had the care of someone who lacked capacity was charged with an offence of wilful neglect it was necessary for the prosecution to prove that the negligence was wilful in that either the defendant was aware of the consequences of the negligence or could not care less as to the consequences.”

WLR Daily, 12th July 2013

Source: www.iclr.co.uk

Regina v Hobson – WLR Daily

Posted June 6th, 2013 in appeals, crime, evidence, jury directions, law reports by sally

Regina v Hobson [2013] EWCA Crim 819 ; [2013] WLR (D) 215

“Where specimen counts were charged but complainants described in their evidence particular incidents, the trial judge should direct the jury of the necessity to be sure that the offence had been committed on the same occasion, either on an occasion in the course of the unspecified pattern of offending, or on one of the particular occasions identified in the evidence.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk