Boston v W S Bagshaw and Sons (Note): CA 1966

Once a jury have given their verdict, and it has been accepted by the judge, and they have been discharged, they are not at liberty to say that they meant something different: ‘The reasons for this are twofold: first, to secure the finality of decisions arrived at by the jury; secondly, to protect the jury themselves and to prevent them being exposed to pressure or inducement to explain or alter their views. If this were to be permitted, where is it to stop? After a jury have solemnly found a man ‘Guilty’ and he has been sentenced, are they to be at liberty next day to return and say they meant to find him ‘Not Guilty’? It cannot be.’

Judges:

Lord Denning MR

Citations:

[1966] 1 WLR 1135

Jurisdiction:

England and Wales

Citing:

CitedEllis v Deheer 1922
The court heard an application for a new trial of a civil action which had been tried before a jury on the ground that the verdict as delivered by the foreman was not the verdict of the jury.
Held: A jury’s deliberations cannot be questioned. . .

Cited by:

CitedRegina v Connor and another; Regina v Mirza HL 22-Jan-2004
Extension of Inquiries into Jury Room Activities
The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 May 2022; Ref: scu.192273