Case Law - Juries Flashcards
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.
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.
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.
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.
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.
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.
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.