Written evidence of a severely and chronically ill witness who was unable to attend and give oral evidence was rightly admitted. Lord Taylor CJ said: ‘The fact that there is no ability to cross-examine, that the witness who is absent is the only evidence against the accused and that his evidence is identification evidence is not sufficient to render the admission of written evidence from that witness contrary to the interests of justice or unfair to the defendant per se. What matters in our judgment, is the content of the statement and the circumstances of the particular case.’
Judges:
Lord Taylor CJ
Citations:
Times 07-Mar-1996, (1996) 2 CAR 232
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin CACD 19-May-2006
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 08 October 2022; Ref: scu.86581