Devani, R v

Devani, R v

The appellant was not materially disadvantaged by the assertion of legal professional privilege by the co-accused, as she was able to advance her defence and was, if anything, advantaged by the restriction on cross-examination. The trial judge was entitled to admit the evidence of the prison officers, as any breach of the PACE codes or their spirit did not render the trial unfair in the circumstances. The conviction is safe.

Parties
Crown: R; Defendant: Maya Devani
Jurisdiction
England and Wales
Judgment Date
30 July 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Perverting the Course of Justice, Legal Professional Privilege, Admissibility of Evidence, Police and Criminal Evidence Act (pace), Prison Regulations
Criminal Law Evidence Perverting the Course of Justice Legal Professional Privilege Admissibility of Evidence Police and Criminal Evidence Act (pace) Prison Regulations

Case Brief

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Parties

R

Crown

Maya Devani

Defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the assertion of legal professional privilege by a co-accused rendered the trial unfair to the appellant
  2. 2 Whether the evidence of prison officers should have been excluded due to breaches of the PACE codes or their spirit

Ratio Decidendi

The appellant was not materially disadvantaged by the assertion of legal professional privilege by the co-accused, as she was able to advance her defence and was, if anything, advantaged by the restriction on cross-examination. The trial judge was entitled to admit the evidence of the prison officers, as any breach of the PACE codes or their spirit did not render the trial unfair in the circumstances. The conviction is safe.

Court Disposition

Appeal dismissed; conviction upheld