R v Qureshi
| Jurisdiction | England & Wales |
| Judgment Date | 23 July 2001 |
| Date | 23 July 2001 |
| Court | Court of Appeal (Criminal Division) |
Court Of Appeal, Criminal Division
Before Lord Justice Kennedy, Mr Justice Wright and Mr Justice Leveson
Investigations into juries deliberations - human rights act does not affect domestic law - Miah v Akhbar (1997) 2 CAR 12
It remained the case that investigation was not permitted into the deliberations of a jury.
The Court of Appeal (Lord Justice Kennedy, Mr Justice Wright and Mr Justice Leveson) so held on July 23, 2001 when refusing the application of Sajid Qureshi for permission to appeal against conviction on October 17, 2000 at Mold Crown Court (Judge Kilfoil and a jury) of arson being reckless whether life would be endangered and obtaining property by deception, for which he was sentenced to two concurrent prison terms of four years.
A few days after the return of verdicts a juror reported concern about the jury's conduct. The Court of Appeal invited legal submissions about the power to investigate, and in particular to hear evidence; and that exercise involved a review of the domestic and European authorities.
LORD JUSTICE KENNEDY said that the court was bound by R v Miah and AkhbarUNK ((1997) 2 Cr App R 12) notwithstanding the coming into force of the Human Rights Act 1998 and recent jurisprudence. An application to the European Court of Human Rights in that case was ruled inadmissible by the Commission.
Moreover, the cases of Gregory v United KingdomHRC (Application No 22299/93) ((1997) 25 EHRR 577) and Sander...
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Notes
...an effort to stop disorder before it engenders more serious criminality. See Bernard Harcourt, “The Broken-Windows Myth,” New York Times , 11 September 2001. See also George L. Kelling and Catherine M. Coles, Fixing Broken Windows: Restoring Order and Reducing Crime in Our Communities (New ......
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