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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Leonard, R. v  EWCA Crim 1251 (28 April 2009)
Cite as:  EWCA Crim 1251,  Crim LR 802, (2009) 173 JP 366
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London, WC2A 2LL
B e f o r e :
MR JUSTICE HEDLEY
MR JUSTICE HICKINBOTTOM
|R E G I N A|
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Mr S Banerjee appeared on behalf of the Crown
Crown Copyright ©
"Cheers for yday! Well sound gear:-S! feel well wankered today!"
The second text message was from a different phone number and was on the second mobile phone. It was timed at 10.51 on 6th May 2008. It read:
"Mark, that was a proper dog cunt move mate, that joey was a £5 joey and that was my last £10. Thanks. I dont why I think u would not do that 2 me. I dont."
It was clear from the analysis of the two mobile phones that the two messages had been read. The two senders of the texts were never identified.
"You have heard this evidence, which the Crown says amounts to bad character, because it may help you to decide whether the defendant had the drugs with the intent to supply them to another rather than for his personal use. Whether or not it does assist you in this respect is a matter entirely for you. You may use it for the particular purpose that I have indicated if you find it helpful to do so. If you think it right you may also take it into account when deciding whether or not the defendant committed the offences with which he is now charged. You must decide to what extent, if at all, the defendant's character helps you when you are considering whether or not he is guilty, but bear in mind that his bad character cannot by itself prove that he is guilty, it would be therefore wrong to jump to the conclusion that he is guilty because of his bad character."
"(1) In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it."
"In criminal proceedings a statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if, but only if—
(a) any provision of this Chapter or any other statutory provision makes it admissible,
(b) any rule of law preserved by section 118 makes it admissible,
(c) all parties to the proceedings agree to it being admissible, or
(d) the court is satisfied that it is in the interests of justice for it to be admissible."
Section 115(1) provides:
"In this Chapter references to a statement or to a matter stated are to be read as follows.
(2) A statement is any representation of fact or opinion made by a person by whatever means; and it includes a representation made in a sketch, photofit or other pictorial form.
(3) A matter stated is one to which this Chapter applies if (and only if) the purpose, or one of the purposes, of the person making the statement appears to the court to have been—
(a) to cause another person to believe the matter, or
(b) to cause another person to act or a machine to operate on the basis that the matter is as stated."
Section 118(1) and (2) provides:
Public information etc
Reputation as to character
Reputation or family tradition
Admissions by agents etc
(2) With the exception of the rules preserved by this section, the common law rules governing the admissibility of hearsay evidence in criminal proceedings are abolished."