Leonard, R. v

Leonard, R. v

The text messages constituted hearsay evidence under sections 114 and 115 of the Criminal Justice Act 2003 and were inadmissible. However, the conviction was safe due to the strength of other evidence supporting intent to supply controlled drugs.

Parties
Prosecution: Regina; Appellant: Mark Leonard
Jurisdiction
England and Wales
Judgment Date
28 April 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed; conviction upheld
Legal Topics
Admissibility of Evidence, Hearsay, Bad Character Evidence, Intent to Supply Controlled Drugs
Criminal Law Admissibility of Evidence Hearsay Bad Character Evidence Intent to Supply Controlled Drugs

Case Brief

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Parties

Regina

Prosecution

Mark Leonard

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether text messages found on appellant's phones were admissible as evidence under the Criminal Justice Act 2003
  2. 2 Whether the texts constituted hearsay evidence
  3. 3 Whether the texts could be admitted as bad character evidence

Ratio Decidendi

The text messages constituted hearsay evidence under sections 114 and 115 of the Criminal Justice Act 2003 and were inadmissible. However, the conviction was safe due to the strength of other evidence supporting intent to supply controlled drugs.

Court Disposition

appeal dismissed; conviction upheld