The appellant was charged with murder. A witness had since died, and he objected to the introduction of his written statement, on the basis that this would infringe his right to a fair trial. The evidence was likely to be decisive.
Held: The fairness of the trial had to be considered as a whole. There was no basis in authority that admission of the evidence would necessarily prejudice the right to a fair trial.
Judges:
Lord Justice General and Lord Penrose and Lord Sutherland
Citations:
[1999] ScotHC 253
Links:
Statutes:
Criminal Procedure (Scotland) Act 1995 259(5), European Convention on Human Rights 6.1 6.3
Jurisdiction:
Scotland
Citing:
Cited – Docherty v H M Advocate 1945
At trial, the judge had failed to make clear to the jury that the conviction of the appellant on a charge of murder depended on whether there was satisfactory proof of having acted in concert with others.
Held: Lord Moncrieff commented on an . .
Cited – AGL and EDB v H M Advocate 1988
. .
Lists of cited by and citing cases may be incomplete.
Crime, Human Rights
Updated: 07 July 2022; Ref: scu.164548
