R v Munemo

R v Munemo

The appeal succeeds because the Determining Officer's limitation of the PPE count to call, chat, contact, and location data was inappropriate given the centrality of image data and web links in spreadsheet JCG/3 to the prosecution case. The entire body of spreadsheet entries giving access to image data should be included in the PPE count, and the Appellant's review process justified this inclusion. The appropriate additional payment should be made to the Appellant, with the total PPE count reaching the 10,000-page cap.

Parties
Prosecution: R; Defendant: Munemo; Appellant: Bhandal Law (Solicitors)
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Costs Appeal / Appeal From Determining Officer's PPE Count Decision
Outcome
Appeal allowed
Legal Topics
Litigators’ Graduated Fee Scheme, Pages of Prosecution Evidence (ppe), Electronic Evidence Quantification, Criminal Legal Aid Remuneration
Criminal Law Legal Costs Litigators’ Graduated Fee Scheme Pages of Prosecution Evidence (ppe) Electronic Evidence Quantification Criminal Legal Aid Remuneration

Case Brief

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Parties

R

Prosecution

Munemo

Defendant

Bhandal Law (Solicitors)

Appellant

Procedural Posture

Criminal Costs Appeal / Appeal From Determining Officer's PPE Count Decision

Legal Issues

  1. 1 Whether the Determining Officer erred in limiting the PPE count for electronic evidence served in spreadsheet format
  2. 2 Whether image data and web links in spreadsheet JCG/3 should be included in the PPE count
  3. 3 Appropriate methodology for quantifying PPE in electronic evidence

Ratio Decidendi

The appeal succeeds because the Determining Officer's limitation of the PPE count to call, chat, contact, and location data was inappropriate given the centrality of image data and web links in spreadsheet JCG/3 to the prosecution case. The entire body of spreadsheet entries giving access to image data should be included in the PPE count, and the Appellant's review process justified this inclusion. The appropriate additional payment should be made to the Appellant, with the total PPE count reaching the 10,000-page cap.

Court Disposition

Appeal allowed

Orders

  • The appropriate additional payment, including the £100 paid on appeal, should be made to the Applicant.
  • The PPE count is to be increased to the 10,000-page cap.