Source: All England Reporter
Publisher Citation: [2009] All ER (D) 244 (Jan)
Court: Court of Appeal, Criminal Division

Toulson LJ, Bean J and Judge Paget QC (judgment delivered extempore)

Representation Timothy Cray (assigned by the Registrar of Criminal Appeals) for the defendant.
  Caroline Knight (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 28 January 2009


Criminal evidence - Hearsay - Rape - Judge refusing defendant's application to admit statement of witness who was available but unwilling to give evidence - Whether in interest of justice that evidence be admitted - Judge admitting evidence of prosecution witness notwithstanding poor identification evidence - Whether judge erring - Whether conviction unsafe - Criminal Justice Act, s 114.

The Case

Criminal evidence Hearsay. Court of Appeal, Criminal Division: The judge's refusal to admit, pursuant to of the Criminal Justice Act 2003, hearsay evidence, namely a statement from a witness who was willing but reluctant to give evidence for the defendant had not rendered the defendant's conviction for rape unsafe. The judge had rightly admitted evidence from a prosecution witness which went to an important issue in the case.

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