R -v- Twigg [2019] EWCA Crim 1553, Court of Appeal (Criminal Division) – Andrew Vout

Head of Chambers Andrew Vout successfully appears for the respondent in R -v Twigg [2019] EWCA Crim 1553, Court of Appeal (Criminal Division).

Evidence of a blood sample taken after a road traffic accident remained admissible even though it was unlawfully obtained.

The defendant had lied about his drug use at the time the sample was taken, and it was likely that the healthcare professional who took the sample would have altered her opinion as to whether his condition might have been due to drugs had she known the truth.

The manner in which evidence was obtained was relevant to the exercise required by thePolice and Criminal Evidence Act 1984, s.78, but did not automatically lead to its exclusion if its admission would not render the trial unfair.