Plenary hearing. Fair trial. Sexual assault.
Supreme Court judgment, HR-2009-1193-P, (case no. 2009/202), criminal case, appeal against conviction.
A (Counsel Mr Steinar Thomassen) v. The Public Prosecution (Director of Public Prosecutions Tor-Aksel Busch)
Penal law. Sexual assault. Procedure. Fair trial. No reason from jury. ECHR Article 6 section 1, ICCPR Article 14 no. 1 and no. 5. Grand Chamber
The case concerns an appeal against the judgement of the Court of Appeal in a criminal case concerning, among other things, sexual offences. It gives rise in particular to whether the fact that the questions concerning the defendant’s guilt were decided by a jury, which does not give reasons for its decision, was a violation of the right to a fair trial or the right to have one’s conviction reviewed by a superior tribunal. The Supreme Court found that the appeal proceedings before the Court of Appeal represented a substantial review of the District Court’s judgement, and satisfied in other respects the purpose that a reasoned judgement should fulfil. There was no violation of the ECHR or the ICCPR. The appeal was dismissed. See also the decision in HR-2009-1192-P of the same date on the same subject.