Case Law - Juries Flashcards

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1
Q

Bushell

A
  • Jury reused to convict Quaker activists, they were fined and imprisoned and were released after an appeal.
  • The jury makes the decision on the facts.
  • The judge must not challenge that decision.
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2
Q

Ponting

A
  • A civil servant leaked information to an MP.
  • The jury refused to convict him even though the judge ruled he had no defence.
  • Jury is independent and if it decides cases on the basis of fairness, its final decision cannot be challenged.
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3
Q

R v Mirza

A
  • One juror complained that the other members of the jury had shown racial bias in coming to their decision.
  • Discussions in the jury room are secret and the court will not normally enquire into them.
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4
Q

R v Young (Stephen)

A
  • 4 jurors held a seance to try and contact two murder victims and find out who murdered them.
  • Court was able to inquire into what had happened as it was at a hotel where the jurors were staying and not in the jury room discussions.
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5
Q

R v Karakaya

A
  • A juror did internet search on D and brought the printed out results in the jury room.
  • Court could inquire into this as outside information had been used in the jury room.
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6
Q

R v Twomey and Others

A
  • There was a serious attempt at interfering with the jury and three previous trials had collapsed.
  • S44 of CJA 2003 applied and retrial was ordered by judge alone.
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7
Q

KS v R

A
  • Effort to interfere with the jury, but it only occurred as jurors and members of public were taking breaks in same area.
  • Application of S44 CJA 2003 for trial without jury was refused.
  • Approach was opportunistic rather than a deliberate targeting of jurors.
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