Shahida Begum of the Garden Court Crime Team represented DG, instructed by Saadiya Ahmed of Dexter Henry Solicitors.
The defendant, DG was charged with county lines drug supply offences. The defence of modern slavery was raised. The jury retired on a Thursday morning. There were no communications from the jury that day. After the jury were sent home, there were discussions that any majority direction would not be rushed and the jury were aware notes could be sent.
The jury recommenced their deliberations at 10am the following day. As far as counsel were aware, no notes had been sent. A majority direction was then given at midday.
There was a majority guilty verdict in the afternoon, which was 10-2. However, after the verdict, it was disclosed that the jury had sent notes about being in ‘real difficulty’ if they had to return the following week. These notes had not been raised with counsel before the majority direction was given.
At appeal, it was submitted that: there had been a material irregularity; the jury concerns had not been addressed; and, even if one juror had acquiesced to avoid returning the following week, the conviction would be unsafe. It was a finely balanced case, and in all circumstances, the conviction was unsafe. The appeal was allowed and no re-trial ordered.
