Bond & Anor, R v
The judge was correct to allow the amendment to the indictment as Bond's evidence provided a sufficient evidential basis for naming the co-conspirators, and the amendment did not result in injustice. The admission of the covertly recorded conversation, though obtained in breach of RIPA, did not render the trial unfair as there was no bad faith, oppression, or trickery, and the evidence was properly tested before the jury. The convictions are safe.
- Parties
- Appellant: Anthony Bond; Appellant: Stephen Goble; Respondent: Regina
- Jurisdiction
- England and Wales
- Judgment Date
- 27 November 2020
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Conviction
- Outcome
- appeal dismissed
- Legal Topics
- Conspiracy to Cheat the Revenue, Amendment of Indictment, Admissibility of Evidence, Covert Surveillance, Proportionality and Necessity Under RIPA, Section 78 PACE Exclusion
Case Brief
Summary, issues, holding and outcome
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Parties
Anthony Bond
Appellant
Stephen Goble
Appellant
Regina
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in allowing amendment of the indictment to add named co-conspirators during trial
- 2 Whether the trial judge erred in admitting evidence of a covertly recorded conversation between the appellants post-arrest
- 3 Whether the amendment and admission of evidence rendered the convictions unsafe
Ratio Decidendi
The judge was correct to allow the amendment to the indictment as Bond's evidence provided a sufficient evidential basis for naming the co-conspirators, and the amendment did not result in injustice. The admission of the covertly recorded conversation, though obtained in breach of RIPA, did not render the trial unfair as there was no bad faith, oppression, or trickery, and the evidence was properly tested before the jury. The convictions are safe.
Court Disposition
appeal dismissed
Orders
- Convictions of Anthony Bond and Stephen Goble upheld
- No order as to costs specified
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