Source: All England Reporter
Publisher Citation: [2010] All ER (D) 278 (May)
Neutral Citation: [2010] EWCA Crim 1213
Court: Court of Appeal, Criminal Division
Judge:

Pitchford LJ, Rafferty J and Judge Goldstone QC
Representation Francis Lloyd (instructed by Dexter & Port) for the defendant.
  Amjad Malik QC (instructed by Crown Prosecution Service) for the Crown.
Judgment Dates: 28 May 2010

Catchwords

Criminal evidence - Hearsay - Admissibility - Sexual offences - Defendant charged with sexual offences against wife's sisters - Defendant stating allegations fabricated - Prosecution seeking to admit evidence of friend of one of complainants to whom allegation made some years previously - Witness indicating unwillingness to come to court by reason of pre-booked holiday and advanced pregnancy - Judge admitting evidence - Whether judge in error - Whether convictions unsafe.

The Case

Criminal evidence Hearsay. In the instant case concerning sexual abuse of three sisters of the defendant's wife, the Court of Appeal, Criminal Division, held that the judge had wrongly admitted hearsay evidence from an old school-friend of one of the sisters as to a complaint she had made to her some years previously but that that did not affect the safety of the convictions.

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports