R v McKenna
A conviction will be quashed if the judge put pressure on the jury to reach a verdict quickly.
Facts
Three defendants were tried for offences involving stolen goods. After the jury had been deliberating for about two and a quarter hours, the judge told them that if they did not reach a verdict within ten minutes, they would be kept overnight. The jury returned guilty verdicts six minutes later.
Legal principle
The Court of Criminal Appeal quashed the convictions. Cassels J said that it is a cardinal principle of criminal law that, in considering their verdict, a jury should be free to deliberate without any form of pressure being imposed on them, whether by promise or threat or otherwise. The judge's statement amounted to a threat that put improper pressure on the jury to reach a verdict quickly, so the convictions could not stand.
Related cases on juries
- Attorney General v Dallas [2012] EWHC 156 (Admin), [2012] 1 WLR 991
- Attorney General v Fraill [2011] EWCA Crim 1570, [2012] 1 Cr App R 1
- Bushell's Case (1670) Vaughan 135
- Gregory v United Kingdom (1998) 25 EHRR 577
- Hanif and Khan v United Kingdom (2012) 55 EHRR 16
- R v Abdroikov [2007] UKHL 37, [2007] 1 WLR 2679
- R v Ford [1989] QB 868
- R v Karakaya [2005] EWCA Crim 346, [2005] 2 Cr App R 5
Studying english legal system? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
