Jury v The King

This appeal concerns the conviction of a man on multiple counts of child sexual abuse. The applicant, Mr Nabney, appeals against his conviction on the grounds that the trial Judge failed to consider providing a direction to the jury under s 122 of the Evidence Act. The Court of Appeal heard the appeal and considered whether the trial Judge was required to give such a direction and whether the failure to do so amounted to a miscarriage of justice. The legal issue before the Court of Appeal was whether the trial Judge was required to give a direction to the jury under s 122 of the Evidence Act and whether the failure to do so constituted a miscarriage of justice. The Court of Appeal found that the trial Judge was required to consider giving a direction to the jury under s 122 of the Evidence Act, but there was no record of the trial Judge having done so. The Court of Appeal also found that the failure to give such a direction amounted to a miscarriage of justice. The Court of Appeal found that the trial Judge was required to consider giving a direction to the jury under s 122 of the Evidence Act, but there was no record of the trial Judge having done so. The Court of Appeal found that the failure to give such a direction amounted to a miscarriage of justice and quashed the conviction.

The Court of Appeal did not make any orders in relation to the conviction.