Cases

Question 1

Bushell’s case (1670)

Answer 1

Jury Equity. The courts confirmed that the judge cannot influence the jury’s decision as the jury are the ‘Masters of the Facts’.

Question 2

R v Abdroikof (2007)

Answer 2

It was confirmed that a police officer, judge, lawyer etc. could not be challenged based on their profession alone. they could be challenged, only if their presence would affect the right to a fair trail.

Question 3

R v Mason (1980)

Answer 3

The court of appeal confirmed that vetting was allowed and that the police were only doing their duty by checking for criminal records.

Question 4

ABC Trial (1978)

Answer 4

It was confirmed that wider background checks were allowed in cases involving national security. If the Attorney General had given approval.

Question 5

R v Owen

Answer 5

Owen was charged with 6 offences, including attempted murder, after he shot a man who had killed his son in a road traffic accident. The man showed no remorse or respect towards Owen. Owen was guilty but the jury set him free.

Question 6

R v Young (1991)

Answer 6

Jurors used a Ouija board to contact victims outside the case. It is an offence for a juror to discuss or research any case outside of court.

Question 7

R v Gregory (1993)

Answer 7

The jury made racist comments about one of the defendants which was said would not be tolerated.

Question 8

R v West (1996)

Answer 8

West (the defendant) argued that they could not have a fair trial because the media publicised the case. She argued that the jury would be biased by the media.

Question 9

Which case established duty of care and under which principle?

Answer 9

Donoghue v Stevenson, The Neighbour Principle.