Ingham v R

The case of Ingham v R involves an appeal against convictions and a subsequent application for leave to appeal against sentence. The applicant, Ingham, appealed against his convictions and sentence following charges related to sexual offences committed against a victim. The appeal and the application for leave to appeal were heard by the court. The key issues before the court were whether the trial judge's directions to the jury regarding majority verdicts were appropriate and whether certain factors should have been considered as aggravating elements in sentencing.

The court examined whether the trial judge had correctly directed the jury concerning the possibility of a majority verdict, a matter often referred to as a Black direction. The court assessed whether these directions had the effect of undermining the applicant's common law right to a unanimous jury verdict. Additionally, the court considered whether certain factors identified by the prosecution as aggravating elements in the sentencing phase were correctly applied, specifically whether the fact that the offences were committed in the victim's home and that the offender was lawfully present therein, or that the offences were committed for the offender's own sexual gratification, should have been considered as aggravating factors.

The court concluded that the trial judge's directions to the jury regarding majority verdicts did not undermine the applicant's right to a unanimous verdict, and therefore dismissed the appeal against convictions. In relation to the sentencing appeal, the court found that the factors identified by the prosecution were not appropriately considered as aggravating elements, leading to the granting of leave to appeal. Consequently, the appeal was allowed with respect to counts 3 and 8, and the sentences were varied accordingly.