R v Tompkins
1977 · 67 Cr App R 181
Posted By lanbuk.com
- Facts
- During the trial a note from the accused to his counsel was found on the floor of the court. Prosecuting counsel used it in cross-examination. The accused said the note was protected by .
- Issue
- Can a privileged note be used by the other side if they have found it, rather than compelled its production?
- Held
- Yes. The Court of Appeal applied Calcraft v Guest. The accused could not have been compelled to produce the note. Once the prosecution had it, they could use it.
- Principle
- Privilege is a right not to be compelled to disclose. It is not a right to stop an opponent using a document he already has.
- Why it matters
- R v Cottrill is in the same line: a statement sent by the solicitors to the prosecution without the client's consent was used as a previous inconsistent statement.
Words and Latin in this note
- Legal professional privilege
- A client's right not to disclose confidential communications with a lawyer for the purpose of legal advice, or documents made for the dominant purpose of litigation. It belongs to the client. Crime and fraud are outside it. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.