What 2 things must a jury be sure of before they deliver a verdict?
(1) offence charged (s.6 CLA 1967), (2) manner of commission
1 of 16
What must happen before jury considers an alternative verdict?
Saunders: TJ can excuse jury of acquitting D of charge, before considering AV
2 of 16
What is a preferable course?
Amendment of indictment: Lahaye
3 of 16
Which provision in which act discusses majority verdicts?
S.17 JA
4 of 16
Which system was given the all clear in Judge v UK in terms of its compatibility with ECHR (which leads us to assume English system is probably legitimate)?
Scottish system (due to protection against unfairness)
5 of 16
Which system wasn't compatible with ECHR in Taxquet v Belgium? And why?
Belgian system (no requirement of explicit reasons why Ds are convicted)
6 of 16
Which case discussed wording of s.6(3) CLA 1967?
Wilson
7 of 16
What example did Wilson give of express inclusion?
E.g. definition of burglary (which within includes definition of theft - use "red pencil method")
8 of 16
Which example did Wilson provide of implicit inclusion?
GBH is more serious than ABH, so within charge of GBH is ABH
9 of 16
What did Wilson say a TJ has in respect of what counts to leave to jury?
"Invisible burden" of discretion
10 of 16
Why must a TJ leave obvious alternative counts to the jury, with appropriate cautions, where this doesn't result in obvious injustice?
Best serves public interest (Coutts)
11 of 16
What did Foster hold in respect of a jury being certain as to offence charged before returning a verdict?
Just because D admits to a lesser offence doesn't mean jury should have the chance to return a verdict based on admitted criminal behaviour
12 of 16
What did Foster say a judge needs to determine?
Whether absence of alternative verdict would oblige jury to make an unrealistic decision between serious offence + acquittal
13 of 16
If a jury can't agree on date + agreed place of commission, can a jury still convict a D?
Yes (unless these 2 factors are crucial to the case: Allamby)
14 of 16
What did the court hold in Brown?
A jury must agree on factual basis of conviction
15 of 16
But where was the conviction upheld, even though P's case was either that D killed V or D paid hitman to kill V (impossible to know what happened)?
Gianetto
16 of 16
Other cards in this set
Card 2
Front
What must happen before jury considers an alternative verdict?
Back
Saunders: TJ can excuse jury of acquitting D of charge, before considering AV
Card 3
Front
What is a preferable course?
Back
Card 4
Front
Which provision in which act discusses majority verdicts?
Back
Card 5
Front
Which system was given the all clear in Judge v UK in terms of its compatibility with ECHR (which leads us to assume English system is probably legitimate)?
Comments
No comments have yet been made