||All England Reporter
|| All ER (D) 98 (May)
||Court of Appeal, Criminal Division
Longmore LJ, Toulson J and Sir Richard Tucker
||Fauz Khan (assigned by the Registrar of Criminal Appeals) for the defendant.
||Nicholas Hilliard (instructed by the Crown Prosecution Service) for the Crown.
||8 May 2003
Criminal evidence and procedure - Evidence - Witness statement - Admissibility - Res gestae exception to hearsay rule - Judge ruling statement inadmissible because witness capable of giving oral evidence - Fairness of ruling.
Where there were reasonable grounds to believe that a witness who could be brought to court might not give truthful evidence in accordance with an admissible res gestae statement the question of whether the statement would be excluded depended on the circumstances in which the statement was made and how practicable it was to make the witness available.
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