The defendant appealed against his convictions for possession of controlled drugs with intent to supply. He complained at the use of of text messages found on his phone against him, saying they were hearsay.
Held: The texts contained assertions by a third party intending them to be believed, and were to be admitted as evidence to support the truth of those assertions. They were hearsay. As hearsay, before admission in evidence they had to meet the statutory tests, which in this case they did not. The texts should not have been admitted. Nevertheless the remaining evidence against the defendant was strong, and the verdict safe.
Aikens LJ, Hedley J, Hickinbottom J
[2009] EWCA Crim 1251, [2009] Crim LR 802, (2009) 173 JP 366
Bailii
Police and Criminal Evidence Act 1984 78, Criminal Justice Act 2003 58 115(3)
England and Wales
Citing:
Cited – Regina v Singh CACD 23-Feb-2006
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 . .
Cited – Regina v MK CACD 4-Dec-2007
The prosecution sought to introduce evidence of the words used in a phone call between someone wanting drugs and the defendant, who was accused (amongst other things) of being concerned in making an offer to supply a controlled drug of class, ie . .
Cited by:
Cited – Regina v Chrysostomou CACD 24-Jun-2010
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 01 November 2021; Ref: scu.347426