R v D'Arcy

In the case of R v D'Arcy, the appellant was convicted of multiple offences of indecent dealing and rape and was subsequently sentenced to 14 years imprisonment. The appellant appealed against both the conviction and the sentence, raising various grounds of appeal including issues with the trial judge's directions to the jury, the refusal to question jurors regarding impartiality, and the length of the sentence. The central issue before the court was whether the appellant's conviction and sentence were just and whether any errors by the trial judge amounted to a miscarriage of justice.

The court examined whether the trial judge had erred in his directions to the jury, including whether the judge had adequately directed the jury to consider each count separately, whether he had expressed his own opinion on the evidence, and if he had sufficiently warned the jury about the dangers of convicting due to the delay in complaints being made. The court found that the trial judge's directions were appropriate and adequate, and that any comments made did not amount to an error that would cause a miscarriage of justice. Furthermore, the court found that the refusal to question jurors about impartiality was a proper exercise of discretion, given the extensive pre-trial publicity which would have only been emphasised by such questioning.

The court also considered the sentence imposed on the appellant, finding that while the sentencing judge had considered the mitigating factors, he had not given adequate weight to the references tendered on behalf of the appellant, nor to the character evidence, delay in prosecution, and the appellant's ill health. The court held that the sentence was manifestly excessive and granted leave to appeal against the sentence, reducing the term of imprisonment on certain counts.

The final orders of the court were to dismiss the appeal against conviction and to allow the appeal against sentence in part. The sentence was reduced to 10 years on certain counts, while the rest of the sentences were confirmed as imposed at first instance.