The defendant appealed against orders allowing the use in evidence against him of information provided by him in ancillary relief proceedings, and without prejudice negotations with his wife’s solicitors. Held: The information provided through the formal ancillary relief process had been obtained under compulsion, and the rules had been intended to require full disclosure and … Continue reading K, Regina v: CACD 28 Jul 2009
Res Gestae Evidence correctly admitted The appellant challenged by case stated the admission by magistrates at his trial of two pieces of evidence under the res gestae principle under section 118(3) of the 2003 Act. The allegation was one of domestic violence. The court had admitted the distressed call by the complainant for the police, … Continue reading Morgan v Director of Public Prosecutions: Admn 6 Dec 2016
The evidence against the defendant was that he was the holder and user of mobile telephone lines used in a kidnapping. The court used evidence of the numbers stored in other mobile phones contacted by him to show that he was part of a conspiracy. It was argued that the Act had not intended to … Continue reading Regina v Singh: CACD 23 Feb 2006
The defendant appealed against his conviction for harassment. He was said to have used an imitation firearm to put a person in fear of violence. The prosecution had used texts received to the defendant’s mobile phone as ‘bad character’ evidence. The judge had ruled that they were not statements and therefore not hearsay and were … Continue reading Regina v Chrysostomou: CACD 24 Jun 2010
