On 18th November 2011, in the Central Criminal Court before Mr Recorder Lewis QC the appellant, Dr. Ramin Pouladian-Kari, was convicted of being knowingly concerned in an attempt to export prohibited or restricted goods, namely, electrical switchgear, contrary to s 68(2) of the Customs and Excise Management Act 1979. On 12th December 2011, he was sentenced to 12 months imprisonment suspended for 2 years with a 200 hour unpaid work requirement. A co-accused, Arbrene Hussain, who pleaded guilty, was sentenced to 6 months imprisonment suspended for 2 years with a 100 hour unpaid work requirement.

The appellant's applications for leave to appeal against conviction were referred to the Full Court by the Registrar. At the oral hearing, we gave leave to appeal.

There are three grounds of appeal.

i) The first relates to the Recorder's refusal to rule as a matter of law that the October letters were incapable of amounting to the relevant notification.

ii) The second relates to alleged inappropriate and prejudicial comments by prosecution counsel in his final speech.

iii) The third relates to the Recorder's refusal to discharge the jury after a juror sent a note to the Recorder asking for guidance as to whether he should remain on the jury.