Source: All England Reporter
Publisher Citation: [2005] All ER (D) 121 (Jan)
Court: Court of Appeal, Criminal Division
Judge:

Auld LJ, Beatson and Wakerley JJ
Representation Paul Cross (assigned by the Registrar of Criminal Appeals) for the defendant.
  Amanda Rippon (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 18 January 2005

Catchwords

Criminal evidence and procedure - Evidence - Hearsay - Res gestae - Requirement to warn jury to approach evidence with caution.

The Case

In a case where the issue before the jury had been whether they believed the evidence of the complainant or of the defendant as to the circumstances of a fight and where the transcript of a 999 call made by the daughter of the complainant had been before the jury (by way of a concession that that evidence formed part of the res gestae), a failure by the recorder to warn the jury to approach that evidence with caution had not rendered the defendant's conviction for assault occasioning actual bodily harm unsafe, since the fact and the nature of the 999 call had not been in issue.

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