Hall v R

Hall v R

The judge erred in limiting the waiver of privilege to discrete matters; privilege was waived for the entire content of the attendance notes. However, the restriction on cross-examination did not affect the safety of the conviction, as no application was made to admit the evidence as hearsay and the evidence was...

Source-derived case information.

Parties
Appellant: Emma Jayne Hall; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
01 April 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Joint Enterprise, Legal Professional Privilege, Cross Examination, Hearsay Evidence
Criminal Law Murder Joint Enterprise Legal Professional Privilege Cross Examination Hearsay Evidence

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Parties

Emma Jayne Hall

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

  1. 1 extent of waiver of legal professional privilege
  2. 2 effect of limiting cross-examination of co-accused's solicitor

Ratio Decidendi

The judge erred in limiting the waiver of privilege to discrete matters; privilege was waived for the entire content of the attendance notes. However, the restriction on cross-examination did not affect the safety of the conviction, as no application was made to admit the evidence as hearsay and the evidence was prejudicial to all co-accused. The conviction stands.

Court Disposition

appeal dismissed