King v The Queen

Facts

King was convicted in Jamaica of possession of a dangerous drug. Cannabis had been found on a search which the defence said was illegal. The Court of Appeal of Jamaica upheld the conviction. He appealed to the Privy Council. The case is also called R v King.

Issue

Must cannabis found on an illegal search be excluded?

Held

No. The Privy Council dismissed the appeal. Relevant evidence is not inadmissible because the search was unauthorised. The Board reserved a discretion where admission would be unfair. It did not arise.

Principle

Kuruma governs a search for drugs as it governs a search for ammunition.

Why it matters

Christou is the later undercover case. The evidence there was video and talk, not a search, and it was admitted on the same principle.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.