Calland, R. v
The trial judge acted reasonably in excluding postcode-specific cell site evidence without expert testimony, as the prosecution's approach risked speculative assumptions by the jury unsupported by evidential foundation; neither ground of appeal was properly arguable.
- Parties
- Applicant Crown: Regina; Respondent Defendant: Sean Thomas Calland
- Jurisdiction
- England and Wales
- Judgment Date
- 01 December 2017
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Evidential Ruling
- Outcome
- Leave to appeal refused; acquittal ordered
- Legal Topics
- Exclusion of Evidence, Cell Site Analysis, Expert Evidence, Conspiracy to Supply Drugs
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Applicant Crown
Sean Thomas Calland
Respondent Defendant
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Evidential Ruling
Legal Issues
- 1 Whether the trial judge erred in excluding cell site evidence without expert testimony
- 2 Whether the exclusion of postcode-specific mast location evidence was reasonable
- 3 Whether the prosecution could rely on non-expert evidence for cell site analysis
Ratio Decidendi
The trial judge acted reasonably in excluding postcode-specific cell site evidence without expert testimony, as the prosecution's approach risked speculative assumptions by the jury unsupported by evidential foundation; neither ground of appeal was properly arguable.
Court Disposition
Leave to appeal refused; acquittal ordered
Orders
- Defendant Sean Thomas Calland acquitted of two counts of conspiracy to supply controlled drugs
- Reporting restrictions under section 71 lifted; appeal may be reported
Full Case Text
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