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
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
James Lee
Applicant
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Adjourned
Legal Issues
- 1 Whether intercept evidence obtained in Holland is admissible in English courts
- 2 Whether Regulation of Investigatory Powers Act 2000 applies to foreign intercepts
- 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.
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