||All England Reporter
|| All ER (D) 244 (Jan)
||Court of Appeal, Criminal Division
Toulson LJ, Bean J and Judge Paget QC (judgment delivered extempore)
||Timothy Cray (assigned by the Registrar of Criminal Appeals) for the defendant.
||Caroline Knight (instructed by the Crown Prosecution Service) for the Crown.
||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.
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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