R v Rose (Newton)

Additional names

R v Clarke (Carson)
R v Henry (Ian)
R v Johnson (Orville)

Subject Matter

CRIME — Court of Appeal (Criminal Division) — New trial — Conviction quashed on ground of material irregularity while jury in retirement — Whether power to order venire de novo — Criminal Appeal Act 1966, s 1(2)(b)(ii) (as amended by Criminal Appeal Act 1968, s 52(1), Sch 5)

[1982] 1 WLR 614; [1982] 2 All ER 536; 75 Cr App R 322, CA

[1982] AC 822; [1982] 3 WLR 192; [1982] 2 All ER 731; 75 Cr App R 322, HL(E)

CRIME — Jury — Retirement to consider verdict — Judge's private communication to jury in retirement limiting time for verdict — Whether material irregularity in course of trial — Whether discretion in Court of Appeal to order venire de novo

[1982] 1 WLR 614; [1982] 2 All ER 536; 75 Cr App R 322, CA

[1982] AC 822; [1982] 3 WLR 192; [1982] 2 All ER 731; 75 Cr App R 322, HL(E)

Appellate History

R v Rose (Newton) [1982] 1 WLR 614; [1982] 2 All ER 536; 75 Cr App R 322, CA

Decision of the Court of Appeal (Criminal Division) affirmed

R v Rose (Newton) [1982] AC 822; [1982] 3 WLR 192; [1982] 2 All ER 731; 75 Cr App R 322, HL(E)

Commentary

Blackstones Criminal Practice 2025
Bases of Jurisdiction of the Court of Appeal (Criminal Division) - Venire de Novo D26.2

Retirement of Jury - Custody of the Jury Bailiff - Communication with the Jury D19.6

Retirement of Jury - Questions from the Jury - Notes Relating to the Trial D19.20

Majority Verdicts - Time Requirement - Application of the Time Requirement D19.37

Returning the Verdict - Jury Must Not Be Pressurised - Proper Discussion of Timing with the Jury D19.85

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