R v Forbes

The appellant, Forbes, appealed against his conviction and sentence for manslaughter. The trial judge found Forbes guilty of manslaughter following a joint criminal enterprise where he and his co-accused had attempted to rob the victim. The appeal was heard by the Court of Criminal Appeal. The court had to consider whether the trial was unfair due to juror misconduct, whether the trial judge's directions to the jury were sufficient, and whether the sentence imposed was manifestly excessive.

The court found that the discovery of a juror in possession of written material possibly related to the trial did not necessarily lead to a miscarriage of justice. The court noted that the directions given to the jury were sufficient to address any potential prejudice arising from the misconduct and from pre-trial publicity. The court also found that the trial judge's summing up was not in error and was not confusing. The court rejected the appellant's argument that the sentence was manifestly excessive, finding that the trial judge had adequately taken into account the guilty plea and the offer to plead guilty. The court also found that the sentence was not excessive in light of the seriousness of the crime and the appellant's role in it.

The appeal against conviction and sentence was dismissed. The court found that the trial was fair and that the sentence was appropriate. The appellant's conviction and sentence were upheld.