T v R

T v R

The trial judge erred in law by excluding relevant evidence (photograph and Facebook messages) solely due to late disclosure; such evidence, if relevant, should be admitted, with lateness affecting weight, not admissibility. However, the appeal cannot be determined without further evidence as to the provenance and context of the disputed material.

Parties
Appellant: T; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
Criminal Appeal / Interlocutory (appeal Adjourned for Further Evidence)
Outcome
Appeal adjourned for further evidence
Legal Topics
Advance Disclosure, Admissibility of Evidence, Section 41 Youth Justice and Criminal Evidence Act 1999, Appeal Procedure, Motive for False Allegation
Criminal Law Evidence Advance Disclosure Admissibility of Evidence Section 41 Youth Justice and Criminal Evidence Act 1999 Appeal Procedure Motive for False Allegation

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Parties

T

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Interlocutory (appeal Adjourned for Further Evidence)

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit evidence (photograph and Facebook messages) due to lack of advance disclosure
  2. 2 Whether the exclusion of such evidence rendered the conviction unsafe
  3. 3 Proper application of s.41 Youth Justice and Criminal Evidence Act 1999

Ratio Decidendi

The trial judge erred in law by excluding relevant evidence (photograph and Facebook messages) solely due to late disclosure; such evidence, if relevant, should be admitted, with lateness affecting weight, not admissibility. However, the appeal cannot be determined without further evidence as to the provenance and context of the disputed material.

Court Disposition

Appeal adjourned for further evidence

Orders

  • Appellant to provide sworn statements of any evidence to be adduced within 21 days
  • Prosecution to respond within 21 days thereafter