||All England Reporter
|| All ER (D) 198 (May)
|| EWCA Crim 1869
||Court of Appeal, Criminal Division
Hooper LJ, Rafferty and Cranston JJ (judgment delivered extempore)
||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.
||21 May 2009
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.
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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