Bond & Anor, R v

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

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Parties

Anthony Bond

Appellant

Stephen Goble

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

  1. 1 Whether the trial judge erred in allowing amendment of the indictment to add named co-conspirators during trial
  2. 2 Whether the trial judge erred in admitting evidence of a covertly recorded conversation between the appellants post-arrest
  3. 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