Chand, R. v [2021] EWCA Crim 1587 (06 October 2021)

Chand, R. v [2021] EWCA Crim 1587 (06 October 2021)

The Facebook posts were admissible as they had the necessary temporal and factual nexus to the offences, were relevant to the background of hostility and motive, and their admission did not render the conviction unsafe or the proceedings unfair.

Citation
[2021] EWCA Crim 1587
Parties
Prosecution: Regina; Applicant: Daljit Kumar Chand
Jurisdiction
England and Wales
Judgment Date
06 October 2021
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
application refused
Legal Topics
Bad Character Evidence, Admissibility of Evidence, Malicious Communications Act 1988, Criminal Justice Act 2003, Police and Criminal Evidence Act 1984

Case Brief

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Parties

Regina

Prosecution

Daljit Kumar Chand

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Extension of Time and Leave to Appeal Against Conviction

  1. 1 Whether the judge wrongly admitted Facebook posts as bad character evidence
  2. 2 Whether the admission of the Facebook posts rendered the conviction unsafe
  3. 3 Whether the extension of time to appeal should be granted

Ratio Decidendi

The Facebook posts were admissible as they had the necessary temporal and factual nexus to the offences, were relevant to the background of hostility and motive, and their admission did not render the conviction unsafe or the proceedings unfair.

Court Disposition

application refused

Orders

  • Leave to appeal against conviction refused
  • Extension of time to appeal refused