Boardman, R v

Boardman, R v

The trial judge was entitled to exclude the telephone and cell site evidence under s.78 of the Police and Criminal Evidence Act 1984 due to the prosecution's lamentable failure to disclose material in a timely manner, which would have rendered the proceedings unfair. The judge's case management decision was within the proper exercise of discretion and should not be interfered with.

Parties
Appellant: The Queen; Respondent: David Boardman
Jurisdiction
England and Wales
Judgment Date
26 February 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Terminating Ruling
Outcome
appeal dismissed
Legal Topics
Case Management, Disclosure, Exclusion of Evidence, Adjournment, Fair Trial
Criminal Law Criminal Procedure Case Management Disclosure Exclusion of Evidence Adjournment Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

The Queen

Appellant

David Boardman

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether the trial judge erred in excluding telephone and cell site evidence under s.78 of the Police and Criminal Evidence Act 1984 due to late disclosure by the prosecution
  2. 2 Whether the judge failed to properly consider the impact of adjournment and prejudice to the defendant
  3. 3 Whether the defence was entitled to the material sought and whether the prosecution's failings justified exclusion

Ratio Decidendi

The trial judge was entitled to exclude the telephone and cell site evidence under s.78 of the Police and Criminal Evidence Act 1984 due to the prosecution's lamentable failure to disclose material in a timely manner, which would have rendered the proceedings unfair. The judge's case management decision was within the proper exercise of discretion and should not be interfered with.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal granted
  • Respondent acquitted of the offences subject to the appeal pursuant to s.61(3) of the Criminal Justice Act 2003