R v Wang
Encyclopedia
Regina v Wang is an English criminal law
case concerning the legality of a direction by a trial judge to a jury
to find a defendant guilty.
Judge Pearson, upon the judge's direction to the jury, of possession of a bladed article contrary to the Criminal Justice Act 1988, following an incident at Clacton-on-Sea railway station. He appealed against conviction to the Court of Appeal, and the appeal was heard before Laws LJ, Curtis J and the Recorder of Cardiff. They dismissed the appeal, concluding that a judge was entitled to direct the jury to convict provided that 'it is plain beyond sensible argument that the material before the jury could not in law suffice to discharge the burden' necessary to satisfy the defence.
. In a unanimous opinion, the appellate committee allowed his appeal and quashed his conviction, concluding that 'there are no circumstances in which a judge is entitled to direct a jury to return a verdict of guilty' because a 'belief that the jury would probably, and rightly, have convicted does not [enable a trial judge to give a direction to convict] ... when there were matters which could and should have been the subject of their consideration'.
to refer the 1972 conviction of Edward Caley-Knowles to the Court of Appeal. Caley-Knowles's conviction was subsequently quashed based on the authority of Wang.
English criminal law
English criminal law refers to the body of law in the jurisdiction of England and Wales which deals with crimes and their consequences. Criminal acts are considered offences against the whole of a community...
case concerning the legality of a direction by a trial judge to a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
to find a defendant guilty.
Background
Cheong Wang was convicted before His HonourHis Honour
His Honour or Her Honour is an honorific prefix which is traditionally applied to certain classes of people, in particular justices and judges and mayors...
Judge Pearson, upon the judge's direction to the jury, of possession of a bladed article contrary to the Criminal Justice Act 1988, following an incident at Clacton-on-Sea railway station. He appealed against conviction to the Court of Appeal, and the appeal was heard before Laws LJ, Curtis J and the Recorder of Cardiff. They dismissed the appeal, concluding that a judge was entitled to direct the jury to convict provided that 'it is plain beyond sensible argument that the material before the jury could not in law suffice to discharge the burden' necessary to satisfy the defence.
Appeal
Wang duly appealed to the House of LordsJudicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
. In a unanimous opinion, the appellate committee allowed his appeal and quashed his conviction, concluding that 'there are no circumstances in which a judge is entitled to direct a jury to return a verdict of guilty' because a 'belief that the jury would probably, and rightly, have convicted does not [enable a trial judge to give a direction to convict] ... when there were matters which could and should have been the subject of their consideration'.
Significance
The judgment settled the law in England and Wales by providing a clear authority in an area of uncertainty. The case caused the Criminal Cases Review CommissionCriminal Cases Review Commission
The Criminal Cases Review Commission is an non-departmental public body set up following the Royal Commission on Criminal Justice itself a continuation of the May Inquiry. It aims to investigate possible miscarriages of justice in England, Wales and Northern Ireland...
to refer the 1972 conviction of Edward Caley-Knowles to the Court of Appeal. Caley-Knowles's conviction was subsequently quashed based on the authority of Wang.