First degree hearsay evidence is inadmissible when used in an application to show the cause of a witness not attending court. In judicial review proceedings in relation to committal proceedings the test is ‘whether or not a really substantial error leading to demonstrable injustice had occurred.’ and Latham LJ: ‘It seems to us that the touchstone is the touchstone of injustice. The question in each case that has to be asked is whether the procedural defect which has occurred is one which has worked injustice to the defendant.’
Judges:
Lord Mustill, Latham LJ
Citations:
Gazette 03-Mar-1993, [1993] 97 Cr App R 121
Cited by:
Cited – Brizzalari v Regina CACD 19-Feb-2004
Limits to Requests for Adverse Inferences
In closing, prosecuting counsel had suggested that during the trial two matters had been mentioned by the defence which had not been mentioned earlier, and that the jury should feel free to draw proper inferences under the 1984 Act from that . .
Lists of cited by and citing cases may be incomplete.
Evidence
Updated: 09 April 2022; Ref: scu.84242