Source: All England Reporter
Publisher Citation: [2012] All ER (D) 130 (Mar)
Neutral Citation: [2012] EWCA Crim 501
Court: Court of Appeal, Criminal Division
Judge:

Aikens LJ, Field J and Judge Cooke QC
Representation Anthony Montgomery (instructed by Morgan Rose Solicitors) for the defendant.
  Siward James-Moore (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 15 March 2012

Catchwords

Criminal Evidence - Hearsay - Admissibility of hearsay evidence - Defendant convicted of unlawful wounding following incident in nightclub - Witness giving police statement only few hours after incident identifying defendant as person throwing glass bottle causing wound to complainant - At trial, witness confirming could only rely on statement and no longer having any memory of some aspects of incident - Judge ruling evidence in statement admissible and confirming would direct jury to treat evidence carefully - Whether statement admissible - Whether conviction unsafe - , , , , .

The Case

Criminal Evidence Hearsay. The Court of Appeal, Criminal Division, having considered and of the Criminal Justice Act 2003, held, in dismissing the defendant's appeal against conviction in respect of unlawful wounding, that not all of a witness statement should have been before the jury. However, the jury had not heard any inadmissible evidence of importance and the conviction was safe.

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