Lee, R. v

Lee, R. v

The application for leave to appeal cannot proceed until further enquiries are made regarding the circumstances of the admission of intercept evidence and prior counsel's handling; the case is not ready for determination on current grounds.

Parties
Prosecution: Regina; Applicant: James Lee
Jurisdiction
England and Wales
Judgment Date
22 July 2014
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Adjourned
Outcome
application for leave to appeal adjourned
Legal Topics
Admissibility of Intercept Evidence, Conspiracy to Supply Drugs, Procedural Requirements for Appeal

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Parties

Regina

Prosecution

James Lee

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Adjourned

  1. 1 Whether intercept evidence obtained in Holland is admissible in English courts
  2. 2 Whether Regulation of Investigatory Powers Act 2000 applies to foreign intercepts
  3. 3 Whether proper enquiries were made regarding previous counsel's handling of evidence

Ratio Decidendi

The application for leave to appeal cannot proceed until further enquiries are made regarding the circumstances of the admission of intercept evidence and prior counsel's handling; the case is not ready for determination on current grounds.

Court Disposition

application for leave to appeal adjourned

Orders

  • Application for leave to appeal is adjourned pending further enquiries.
  • Crown Prosecution Service to be provided with details of further allegations.