On the other hand, if the material were incriminatory, it would be open to the trial judge to exclude evidence of the means by which
the prosecution gained access to it.
Not exact matches
In the instant case the
prosecution was in possession of the drawer: it could not, however,
gain access to the contents.
In the present cases the
prosecution is in possession of the drawer: it can not however
gain access to the contents.
Usually the term «fraudulently» requires some kind of undue financial motive, though if one were
to guess or crack a password in order
to gain access, that element of the offence might be the subject of argument in a
prosecution.