The defendant renewed his appeal against conviction and sentence on two counts of possessing Class A drugs (in the one case cocaine, in the other MDMA tablets) with intent to supply. His defence was that instead of supplying a small amount for his own use, there had been planted on him a substantial quantity of drugs in order that the police could then be informed and arrest him. At trial, the judge informed the jury that he had been given information privately but that it did nothing to support the defence case.
Held: Further investigations had now taken place, and while it was not said that it supported the defence in the way he envisaged, it was of such a nature that, had it been disclosed to the prosecutor, the prosecutor would have offered no evidence. The court emphasised the great caution necessary in the handling of public interest immunity applications made in the absence of the defence. Appeal allowed.
Citations:
[2005] EWCA Crim 517
Links:
Jurisdiction:
England and Wales
Crime
Updated: 29 June 2022; Ref: scu.223368