Clarke V. Burke Case Summary

Decent Essays
This case was categorized under the criminal law, as the defendant must go against the Crown. The case became well-known not for the actual crime, but for the error the court had made at the time. Burke was charged for an attempted murder, and at the trial, this charge was dropped. What had happened was, the judge had misunderstood that the foreperson of the jury had claimed “not guilty” for Burke, and discharged the jury soon after. By the time the court officer pointed out the error, the jury was gone, leaving no choice for the judge to confirm his misheard verdict the next day. Once he gained inquiry about the verdict, the judge reclaimed that Burke was guilty, and sentenced him to twelve-and-a-half years in prison.
Burke’s lawyer appealed

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