R v Jenkin (No 9)

The appellant, R, was convicted of conspiracy to murder a witness, and sought to appeal against the admissibility of certain evidence. The evidence in question was a recording of a conversation between the witness and a co-conspirator, which the prosecution sought to use to establish the connection between the witness and the co-conspirator. The trial was conducted before a judge alone, without a jury.

The court was required to determine whether the evidence was relevant and admissible, and whether it was prejudicial to the appellant. The court considered whether the evidence was necessary to establish the connection between the witness and the co-conspirator, and whether it went beyond what was necessary to prove the conspiracy. The court also considered whether the prejudicial effect of the evidence outweighed its probative value.

The court found that the evidence was relevant and admissible on the issue of the relationship between the witness and the co-conspirator. The court held that the evidence was necessary to establish the connection between the witness and the co-conspirator, and that the prejudicial effect of the evidence did not outweigh its probative value. The court found that the evidence was relevant to prove the conspiracy, and that it was necessary to establish the connection between the witness and the co-conspirator. The court held that the evidence was not unfairly prejudicial, as it did not go beyond what was necessary to prove the conspiracy.

The appeal was dismissed, and the conviction was upheld. The court held that the evidence was admissible and that its prejudicial effect did not outweigh its probative value. The conviction was therefore upheld, and the appellant's appeal was dismissed.