Knagg & Ors, R. v

Knagg & Ors, R. v

There was no failure of disclosure by the prosecution in relation to the Dutch intercept or Yahoo email evidence. The evidence was lawfully obtained and properly admitted at trial. Even if excluded, the remaining evidence against the appellants was overwhelming and the convictions are safe. There was no breach of Article 6 ECHR in relation to Ruiz-Henao's trial. The appeals are dismissed.

Parties
Respondent: Regina; Appellant: Russell Knaggs; Appellant: Phillip Hadley; Appellant: Robert Rich; Appellant: Jesus Anibal Ruiz-Henao
Jurisdiction
England and Wales
Judgment Date
07 August 2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeals dismissed; convictions upheld
Legal Topics
Disclosure, Admissibility of Evidence, Interception of Communications, Abuse of Process, Right to Fair Trial, Fresh Evidence
Criminal Law Evidence Human Rights Disclosure Admissibility of Evidence Interception of Communications Abuse of Process Right to Fair Trial +1 more

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Parties

Regina

Respondent

Russell Knaggs

Appellant

Phillip Hadley

Appellant

Robert Rich

Appellant

Jesus Anibal Ruiz-Henao

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether there was a failure of disclosure by the prosecution regarding Dutch telephone intercepts and Yahoo email evidence ('slimjim' account)
  2. 2 Whether the evidence obtained from Dutch intercepts and Yahoo was lawfully obtained and admissible
  3. 3 Whether the convictions are unsafe due to alleged non-disclosure or unlawfully obtained evidence

Ratio Decidendi

There was no failure of disclosure by the prosecution in relation to the Dutch intercept or Yahoo email evidence. The evidence was lawfully obtained and properly admitted at trial. Even if excluded, the remaining evidence against the appellants was overwhelming and the convictions are safe. There was no breach of Article 6 ECHR in relation to Ruiz-Henao's trial. The appeals are dismissed.

Court Disposition

Appeals dismissed; convictions upheld

Orders

  • Ruiz-Henao's renewed application for leave to appeal refused
  • No further hearing required save for consequential applications