Appeal from conviction – admission of hearsay evidence – JR of refusal to state a case Judges: Peperall J Citations: [2020] EWHC 1783 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 114(1)(d) Jurisdiction: England and Wales Criminal Evidence Updated: 31 December 2022; Ref: scu.652393
Appeals against conviction raising issues as to the admission of a particular form of hearsay evidence at trial under the provisions of section 114(1)(d) of the Criminal Justice Act 2003 Citations: [2009] EWCA Crim 712 Links: Bailii Statutes: Criminal Justice Act 2003 114(1)(d) Jurisdiction: England and Wales Criminal Evidence Updated: 05 October 2022; Ref: scu.341575
Scott Baker LJ said that: ‘We think it is important to point out that, as a matter of generality, section 114 cannot and should not be applied so as to render section 116 nugatory.But section 114(1)(d) should not be so narrowly applied that it has no effect. It follows that there will be cases in … Continue reading O’Hare, Regina v: CACD 7 Sep 2006
The Crown appealed against a ruling that the court would not admit a written statement of a defendant from a related trial implicating the defendant. Held: A Court of Appeal will only interfere with a ruling under the Act if the ruling falls outside the range of reasonable decisions at which the judge could properly … Continue reading Y, Regina v: CACD 25 Jan 2008
The defendant appealed against convictions for rape and indecent assault under the 1956 Act. The allegations dated from 1985 to 1989 when the complainant had been between 9 and 13. The prosecution brought in a doctor who said that in 1993 D complained of sexual abuse by Z when she was a young girl. D … Continue reading Regina v Z: CACD 23 Jan 2009
A witness had been warned to attend court, but had not served with an order and did not attend. The defendant appealed against his conviction saying that her evidence should not have been read to the jury. He had faced allegations of sexual abuse of his wife’s younger sisters. Two gave evidence, but the third … Continue reading Regina v EED: CACD 28 May 2010
The appellants challenged their conviction for murder and sentences. The victim was the young second wife of the first defendant. It was said that she had been unfaithful, and having been lured to India, had been murdered there. She had disappeared, but no body had been found. Relatives then came forward to give evidence of … Continue reading Athwal and Others, Regina v: CACD 7 May 2009
The defendant had faced a charge of assault in the Magistrates Court and had pleaded not guilty. She had indicated in the ‘trial issues’ form through her lawyer that her defence was self defence. The prosecutor then indicated that the charge was to be upgraded to Actual Bodily Harm. At committal the defendant wanted to … Continue reading Firth v Epping Magistrates Court: Admn 3 Feb 2011
A serving prisoner was stabbed to death in his cell. The appellant admitted that he had punched the victim twice but maintained that another man had stabbed him, which explained the incriminating presence of the victim’s blood in the vicinity of the appellant’s cell and on his hand. As the victim lay dying, he uttered, … Continue reading Musone v Regina: CACD 23 May 2007
The court considered the application of the 2003 Act to communications made to, or by, the defendant, and in particular text messages sent by mobile telephone. Held: The four appeals against conviction were dismissed. Singh established that the common law rules on hearsay had been abolished by the 2003 Act. The court set out its … Continue reading Regina v Twist and Others: CACD 12 May 2011
