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 amphetamines. The police had covertly taped the call. The prosecution wanted to support its case that it was MK who was the source of the intended supply of drugs that were the subject of this charge. The trial judge ruled that the prosecution wished to adduce the words as evidence of ‘any matter stated’ and that the words fell within the definition of section 115(3) of the Criminal Justice Act 2003. The prosecutor sought to appeal against the terminating ruling.
Held: The appeal was allowed. The purpose of the call and the import of the words used in it was to discover the availability and the price of amphetamines. Therefore the words were neither a ‘statement’ within the definition of section 115(2) nor were they ‘matters stated’ within section 115(3).
Judges:
Richards LJ, Openshaw J, Steohens J
Citations:
[2007] EWCA Crim 3150, (2008) 172 JP 538
Links:
Statutes:
Criminal Justice Act 2003 58 115(3)
Jurisdiction:
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 by:
Cited – Regina v Leonard CACD 28-Apr-2009
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 . .
Cited – Regina v Twist and Others CACD 12-May-2011
The court considered the application of the 2003 Act to communications made to, or by, the defendant, and in particular text messages sent by mobile telephone.
Held: The four appeals against conviction were dismissed. Singh established that . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 11 July 2022; Ref: scu.314324