The defendant appealed his conviction after the court had allowed a prosecution witness’ statement to be read. The witness did not attend, only being notified in the last few working days before the hearing.
Held: Though the defendant’s appeal was dismissed, the court emphasised as strongly as it could that leaving a voice message on the evening before the hearing was not adequate. The prosecution could not be said to have done all it reasonably and practically could to secure his attendance. The evidence was of a technical nature in that it established the defendant’s unlawful possession of ecstasy tablets in a nightclub, technical because, as the recorder elicited from the defence, possession was not to be an issue in the trial.
Hughes LJ, Wyn Williams, Richard Brown JJ
[2007] EWCA Crim 3025, Times 14-Dec-2007
Bailii
Criminal Justice Act 2003 116(2)(d)
England and Wales
Cited by:
Cited – Regina v Z CACD 23-Jan-2009
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 . .
Cited – Regina v EED CACD 28-May-2010
EED_rCACD10
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 . .
Cited – Regina v EED CACD 28-May-2010
EED_rCACD10
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 . .
These lists may be incomplete.
Updated: 15 July 2021; Ref: scu.262885