Kajala v Noble 

 

Kajala v Noble 

 

 (1982) 75 Cr App Rep 149

 

Court: CA

 

Judgment Date: circa 1982

 

Catchwords & Digest

 

EVIDENCE – GENERAL PRINCIPLES – NECESSITY FOR BEST EVIDENCE – AS TO FACTS – BEST EVIDENCE — VIDEO RECORDING — COPY OF ORIGINAL — ADMISSIBILITY

          The defendant was convicted of an offence contrary to the Public Order Act 1936, s 5, committed during a serious disturbance. He had been identified by a prosecution witness, who had recognized him on a BBC news programme concerning the incident. As it was BBC policy not to allow originals of their firms to leave the premises, the prosecution had relied upon a video cassette recording, which the court had been satisfied was an authentic copy of the original. On appeal, it fell to be determined whether the original recording ought to have been produced. Held the old rule, that the best evidence by which a fact could be proved had to be adduced to prove it, was no longer of general application. The only remaining instance of it was that if an original document was available in one’s hands it had to be produced. However, the courts were not confined to best evidence, but could admit all relevant evidence: in this instance the court had been entitled to rely on the copy.

 

Case History

Annotations Case Name Citations Court Date CaseSearch
Kajala v Noble (1982) 75 Cr App Rep 149 CA circa 1982 CaseSearch Entry
Affirming Kajala v Noble [1982] Crim LR 433 DC circa 1982 CaseSearch Entry

 

Cases referring to this case

Annotations: All CasesCourt: ALL COURTS

Sort by: Judgment Date (Latest First)

Treatment Case Name Citations Court Date CaseSearch
dictum Ackner LJ Explained R v Governor of Pentonville Prison, ex p Osman [1989] 3 All ER 701,  [1990] 1 WLR 277, 90 Cr App Rep 281,  [1988] Crim LR 611, 134 Sol Jo 458, (1988) Times,  13 April DC 30/03/1988 CaseSearch Entry

 

Document information

 

Court

Court of Appeal

Judgment date

circa 1982

 

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