El Hassan v R

The case of El Hassan v R involved the appellant, who was convicted of several offences related to drug trafficking and was subsequently sentenced to imprisonment. The appeal was against both conviction and sentence. The central issue before the court was whether the trial judge had erred in various respects, including by failing to discharge the jury due to a television program telecast during the trial and in the directions given to the jury regarding circumstantial evidence. Additionally, the court considered whether the sentence imposed was excessive.

The court examined the legal issues raised by the appellant's counsel, including whether the jury should have been discharged due to the television program and whether the judge's comments on circumstantial evidence were prejudicial. The court also assessed the necessity for the trial judge to apply legal directions to the specific facts of the case and the criteria for determining an unreasonable verdict. Furthermore, the court reviewed the appropriateness of the sentence, considering whether it was excessive in light of the appellant's special circumstances.

The court found that the jury should not have been discharged as there was no evidence to suggest they had not followed the judge's directions. The judge's comments on circumstantial evidence were deemed to be proper, as they did not prejudice the appellant. The court emphasised that the trial judge was not required to give equal time to the cases of each party in their summing-up, and that a "lurking doubt" about justice being done did not equate to an unreasonable verdict. In relation to sentencing, the court held that while the sentence was severe, it was not excessive given the appellant's special circumstances.

The final orders of the court were that the appeal against conviction and sentence were dismissed, and the original conviction and sentence were upheld.