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Court of Appeal dismisses appeal against assault conviction where trial was adjourned after three days of hearing for a period of two weeks, finding that: 1) the trial judge’s decision to break the trial was a matter properly within his discretion; 2) the trial judge did not influence or pressurise the jury into reaching its verdict; and 3) there was nothing unsafe about the conviction in the circumstances of the case.
Criminal law – sentencing – appeal against term of ten years’ imprisonment (with final three suspended) imposed in the Circuit Criminal Court – assault causing serious harm, contrary to s.4 of the Non-Fatal Offences Against the Person Act 1997 – assault causing harm, contrary to s.3 of the Non-Fatal Offences Against the Person Act 1997 – whether trial judge erred in law in adjourning the trial after three days of hearing, for a period of two weeks, in the absence of exceptional circumstances to justify a suspension of the trial – whether trial judge erred in law in deliberately influencing and/or pressurising the jury into reaching its verdict – availability problems of jury summarised in note passed to judge – trial judge’s decision to break the trial was a matter properly within his discretion – appeal dismissed.
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