After retirement, the jury requested provision of scales which were given. The defendants faced an accusation of importing cannabis of a certain weight, and claimed to have been unaware of the presence of the cannabis in their bags.
Held: Once they had retired, no additional evidence should be supplied to the jury. The provision of the scales was a material irregularity. The request suggested that they were having difficulty accepting the prosecution case, and they should not have been allowed to settle such a dispute by an experiment of their own. There had been a material irregularity.
Citations:
(1989) 89 Cr App R 273
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Thomas (Horatio Gerald) CACD 9-Feb-1987
The jury had, after retirement, requested and been given a map which had not been referred to in the case. Counsel were not consulted.
Held: The use of the map was a material irregularity: ‘It is hardly necessary to say that an action of this . .
Cited by:
Doubted in Part – Regina v Maggs CACD 1990
The charge was of causing death by dangerous driving. Sketch plans with measurements were supplied to the jury. They asked for and were given a tape measure. The defendant appealed.
Held: Though once they retired the hjury should not be given . .
Cited – Regina v Karakaya CACD 16-Feb-2005
No Internet Research for juror
After conclusion of the trial, the jury bailiff discovered notes in the jury room which indictated that the jury, after they had retired for their verdict, had read and discussed notes obtained by a juror from the Internet relating to the case.
Cited – Regina v Imran, Hussain CACD 9-Jun-1997
The two appellants were among four convicted of robbery. Imran complained that the police had not disclosed the existence of CCTV coverage before the interview, and Hussain that a copy of the surveillance tape had been given to the jury after . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 06 May 2022; Ref: scu.223471