Diane, R v

Diane, R v

The trial judge had no power to admit evidence by telephone from a witness abroad in a criminal trial in England and Wales; the admission of such evidence was a fundamental error, and the conviction was therefore unsafe and must be quashed.

Source-derived case information.

Parties
Prosecution: Regina; Applicant: Hammala Diane
Jurisdiction
England and Wales
Judgment Date
09 July 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
conviction quashed; retrial ordered
Legal Topics
Admissibility of Evidence, Mutual Legal Assistance, Video and Telephone Evidence, Fair Trial, Quashing of Conviction
Criminal Law Evidence Law International Cooperation Admissibility of Evidence Mutual Legal Assistance Video and Telephone Evidence Fair Trial Quashing of Conviction

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Parties

Regina

Prosecution

Hammala Diane

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge had the power to admit evidence by telephone from a witness abroad in a criminal trial in England and Wales
  2. 2 Whether the admission of such evidence rendered the conviction unsafe

Ratio Decidendi

The trial judge had no power to admit evidence by telephone from a witness abroad in a criminal trial in England and Wales; the admission of such evidence was a fundamental error, and the conviction was therefore unsafe and must be quashed.

Court Disposition

conviction quashed; retrial ordered

Orders

  • Conviction quashed.
  • Retrial to be listed as soon as possible, preferably by 17 August 2009.