| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 198 (May) |
| Neutral Citation: | [2009] EWCA Crim 1869 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Hooper LJ, Rafferty and Cranston JJ (judgment delivered extempore) |
| Representation | Mark Van Der Zwart (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Abhijeet Mukherjee (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 21 May 2009 |
Catchwords
Criminal evidence - Hearsay - Admissibility of hearsay evidence - Defendant convicted of assault by penetration and unlawful wounding - Complainant defendant's 30-month old step-daughter - Judge ruling child not competent witness - Judge ruling statements made by child about how injuries sustained admissible - Whether judge erring - Whether conviction unsafe - s 78 - ss 114, 126.
The Case
Criminal evidence Hearsay. Court of Appeal, Criminal Division: Having taken into account, inter alia, the factors set out in of the Criminal Justice Act 2003, a judge had been correct to hold that the statements of a 30-month old complainant were admissible, where the defendant was charged with assault by penetration of a child under 13 and unlawful wounding and the complainant was not a competent witness. In all the circumstances, the defendant's conviction was safe.
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