Rex vs Nicola Tams

This case concerned an appeal by Nicola Tams against her conviction for robbery and wounding with intent, with allegations of jury irregularity forming the crux of the appeal.

TLDR:

• Nicola Tams was convicted of robbery and wounding with intent.
• She appealed against the conviction, citing jury irregularity.
• The Court of Appeal dismissed the appeal, finding no evidence of irregularity affecting the verdict.

On 31 January 2024, Nicola Tams and her co-accused Michael Allen were convicted of robbery and wounding with intent. The offences occurred on 9 August 2023, when the complainant, John Young, was assaulted and robbed after refusing to provide cash for drugs.

John Young testified that Tams initiated the attack, stabbing him, followed by Allen who punched and slashed him. Tams was found in possession of Young's bank card upon arrest, which she claimed was given to her by Young for her daughter to withdraw cash.

The appeal was based on an alleged jury irregularity. Tams' counsel, Miss Anderson, reported a conversation between a prison officer and a juror, suggesting potential bias. The trial judge had no jurisdiction over post-verdict jury issues, leading to the appeal.

The Court of Appeal examined the fresh evidence, including Tams' witness statement. It found no indication of jury misconduct or prejudice from the prison officer's comment. The jury's collective responsibility and adherence to trial directions were emphasized.

The court concluded that the conversation did not affect the trial's integrity or the safety of the convictions. Consequently, the application for permission to appeal was refused, and no further investigation by the Criminal Cases Review Commission was deemed necessary.

Miss Anderson was commended for her professionalism in handling the case, ensuring thorough review and appraisal of the trial's integrity.

Legal representatives: Miss C Anderson for the Applicant, Mr J Normanton for the Crown.

Judicial Panel: Lady Justice Macur DBE, Mrs Justice Yip DBE, Mrs Justice Hill DBE.

Case Citation Reference: [2024] EWCA Crim 582