R v Brown (Jamie)
| Jurisdiction | England & Wales |
| Judgment Date | 13 December 1997 |
| Date | 13 December 1997 |
| Court | Court of Appeal (Criminal Division) |
Court of Appeal
Before Lord Justice Rose, Mr Justice Holland and Judge Clarke, QC
Criminal procedure - whether evidence on which jury could convict- judge's responsibility
A judge had a responsibility to consider whether there was evidence on which the jury could safely convict, even in the absence of a submission of no case.
The Court of Appeal (Lord Justice Rose, Mr Justice Holland and Judge Clarke, QC) so stated on November 17 when allowing the appeal of Jamie Brown against his conviction on May 16, 1997 at Northampton Crown Court (Judge Julian Hall and a jury) of robbery.
LORD JUSTICE ROSE said that if at the conclusion of all the evidence a trial judge was of the view that no reasonable jury properly directed could safely convict, generally speaking he should raise that view for discussion with counsel in the absence of the jury, whether or not a submission of no case had been made at the conclusion of the prosecution case. If, having heard submissions, he remained of that view he should withdraw the case from the jury.
That would make it unlikely that difficulties would arise from a trial judge writing to the Court of Appeal...
To continue reading
Request your trial
-
R v W (A G) (2006)
...the merits of a conviction are irrelevant to the task of the Court of Appeal: R v Jones (JH) [1998] 2 Cr App R 53. See also R v Brown [1998] Crim LR 196 (judge should not write to Court of Appeal expressing doubts).” 26 It seems to us to be very questionable whether apprehensions of the kin......
-
Barnes v The Queen
...no reasonable jury properly directed could safely convict, the matter should have been raised for discussion with counsel: R v. Brown [1998] Crim. L.R 196. 15 Further, counsel relied on Neverlaine Springer v. R, Criminal Appeal No. 17 of 2005 ( Neverlaine Springer) to support her contention......
-
Table of Cases
...DC! 551 ...................... Joseph v DPP [2003] EWHC 3078 (Admin), [2004] RTR 341, DC! 136 ...................... Jowle, DPP v The Times 13 December 1997, (1999) 163 JP 85, DC! 515 .................. Jubb v DPP [2002] EWHC 2317 Admin, [2003] RTR 19, QBD! 101, 331 ..............................