R v AEB & Ors

R v AEB & Ors

The Apple spreadsheet was selected and extracted from raw data without human alteration or addition, thus remains real evidence and is admissible. The judge erred in ruling it was hearsay.

Parties
Applicant: THE KING; Respondent: AEB; Respondent: BNX; Respondent: BTD; Respondent: BXY
Jurisdiction
England and Wales
Judgment Date
11 January 2024
Procedural Posture
Criminal Appeal / Prosecution Appeal Against Evidentiary Ruling Prior to Trial
Outcome
prosecution appeal allowed
Legal Topics
Hearsay, Admissibility of Electronic Evidence, Money Laundering, Business Records
Criminal Law Evidence Hearsay Admissibility of Electronic Evidence Money Laundering Business Records

Case Brief

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Parties

THE KING

Applicant

AEB

Respondent

BNX

Respondent

BTD

Respondent

BXY

Respondent

Procedural Posture

Criminal Appeal / Prosecution Appeal Against Evidentiary Ruling Prior to Trial

Legal Issues

  1. 1 Whether the Apple spreadsheet evidence is hearsay or real evidence
  2. 2 Whether the requirements of s117 Criminal Justice Act 2003 are satisfied if the evidence is hearsay
  3. 3 Whether the judge erred in excluding the spreadsheet as inadmissible hearsay

Ratio Decidendi

The Apple spreadsheet was selected and extracted from raw data without human alteration or addition, thus remains real evidence and is admissible. The judge erred in ruling it was hearsay.

Court Disposition

prosecution appeal allowed

Orders

  • Leave to appeal granted to the prosecution
  • Judge's ruling reversed: spreadsheet evidence admissible as real evidence