[2010] EWCA Crim 525

There had been no breach of the right of the accused to a fair trial where a judge had refused to discharge a jury in a murder case after leading counsel had fallen ill towards the end of the prosecution case and was unable to continue with the trial and junior counsel had proceeded with the case. The correct test for the judge to apply in determining whether to discharge the jury was whether or not the accused could have a fair trial and not the perception of unfairness in the mind of a fair-minded observer.

CA (Crim Div) (Hallett LJ, Ouseley J, Hickinbottom J)

09/03/2010