Source: All England Reporter
Publisher Citation: [2007] All ER (D) 271 (Nov)
Court: Court of Appeal, Criminal Division
Judge:

Keene LJ, Jack and Irwin JJ
Representation Jeremy Lynn (assigned by the Registrar of Criminal Appeals) for the defendant.
  Wayne Cleaver (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 16 November 2007

Catchwords

Criminal evidence - Hearsay - Evidence at earlier hearing - Possessing prohibited firearm - Evidence ruled inadmissible at public interest immunity hearing being adduced in cross examination - Evidence tending to support co-defendant's case - Whether defendant' s case prejudiced - Whether conviction unsafe.

The Case

Criminal evidence - Hearsay. The appeal against conviction would be allowed. In the instant case, the conviction had been rendered unsafe by reason of the material which had been wrongly admitted in cross-examination, and which had been previously ruled inadmissible at a public interest immunity hearing. The defendant's trial had been unfair. The conviction would be quashed.

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