R v Leathem

Facts

Crompton J said that it matters not how you get it; if you steal it, it would still be admissible in evidence.

Issue

Does the fact that evidence was stolen, or otherwise unlawfully obtained, make it inadmissible?

Held

The dictum is that it does not. The court receives relevant evidence, and leaves the illegality to be dealt with elsewhere.

Principle

Illegality in obtaining an item is not, by itself, a ground of exclusion.

Why it matters

Kuruma and Sang are the modern statements. Leathem is the sentence to start from.

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