R v Adams
| Jurisdiction | England & Wales |
| Judge | THE LORD CHIEF JUSTICE |
| Judgment Date | 30 May 1968 |
| Judgment citation (vLex) | [1968] EWCA Crim J0530-4 |
| Court | Court of Appeal (Criminal Division) |
| Date | 30 May 1968 |
| Docket Number | No. 6039/67 |
[1968] EWCA Crim J0530-4
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Royal Courts of Justice
The Lord Chief Justice of England
Lord Justice Davies
and
Mr. Justice Brabin
No. 6039/67
No. 6188/67
MR. M. DENISON appeared as Counsel for the Appellant, Adams.
THE APPLICANT, Hogan, was not represented.
MR. C. R. HILLIARD appeared as Counsel for the Crown.
At Inner London Sessions last November the appellant, Adorns, was convicted of a number of offences and sentenced to 3½ years' Imprisonment in all. At the same time the applicant, Hogan, who pleaded guilty to shopbreaking and larceny, was sentenced to 18 months' imprisonment. Both now appeal against their sentence but in addition Adams appeals against his conviction on all but count 2, receiving, on a point of law.
What happened was this; that the Jury, having been out for 2 hours 1 minute, returned and were asked by the Deputy Chairman:
"Now, members of the jury, have you been able to come to an unanimous verdict?
THE FOREMAN OF THE JURY: No, my Lord, we have not."
At that stage the jury had received no direction whatever about what they were to try and do; namely, to arrive at an unanimous verdict, and what, if they could not do that, they were entitled to do. The Deputy Chairman plunged straight in and said:
"Have you been able to reach a majority verdict?
THE. FOREMAN OF THE JURY: Yes, my Lord."
It then turned out that they were unanimous on one of the counts, count 2, receiving, (on which no complaint has been made) but that by 11-1 they were convicting him of the other five counts on which he was convicted. Mr. Denison draws our attention to the fact that this jury were not in the jury room for the whole of that 2 hours 1 minute because they came back to ask a question and were in fact in Court, according to the shorthand writer's note, for 3 minutes. If, as he says, you deduct, as you should deduct, the 5 minutes from the 2 hours 1 minute, then they were not out for 2 hours.
Section 13(3) of the Criminal Justice Act of 1967 is undoubtedly mandatory. It provides that the Court shall not accept a majority verdict unless it appears to the Court that the jury have had not less than 2 hours for deliberation....
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R v Barry (Christopher)
...the provisions of subsection (2) and subsection (3) are strictly observed. 20 There are dicta in other cases which support that view. In R. v. Adams (1968) 3 All England Reports 437, this Court, consisting of Lord Parker, Lord Chief Justice, Lord Justice Davies and Mr. Justice Brabin, were ......
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Outridge v The State
...— Jury had retired and after two hours requested further directions from the judge then deliberated for 35 minutes and gave their verdict — R v. Adams [1968] 3 All E.R. 437 considered — Ground of appeal without merit — Appeal dismissed conviction and sentence affirmed. Gonsalves-Sabola, J.A......
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R v Bateson
...two hours, and that was a perfectly proper, and indeed inevitable, concession to make having regard to the decision of this Court in R. v. Adams and Hogan, reported in 52 C.A.R. at page 588. The argument which Mr. Morris developed with his usual skill, however, proceeded along these lines. ......
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DPP v Kelly
... ... 25, sub-s. 3, of the Act of 1984: ~R. v. Adams~ (1968) 52 Cr. App. R. 588 not applied - Criminal Justice Act, 1984, s. 25 - (115/87 - C.C. A. - 16/5/88) - [1989] ILRM 370 |The People v. Kelly| JURY Verdict Deliberations - Duration - Minimum period - Split verdict - Trial on indictment - Retirement of jury to consider ... ...
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Recent Judicial Decisions
...is weak in duties of this nature and any clarification of the ruleswould be welcome.SHORT NOTESProcedure-MajorityverdictsR. v. Adams[1968]3 All E.R. 437, is a case of unbelievablepedantry. Ajury during its deliberations returned to court to ask aquestion. This took three minutes. Two hours ......