The defendant appealed his conviction for murder. The principal witness’ statement had been allowed to be read to the jury after the witness had claimed to be afraid of giving evidence.
Held: There was no general principle which would operate against admitting evidence in this way. Luca did not establish a rule to which there would be no exceptions. Such a result would make the sections unusable and only encourage criminals to frighten witnesses. In this case the judge’s discretion was not supportable because of the defendant’s own disability, and the witness had potential flaws.
Judges:
Potter LJ, Mackay, Mellor JJ
Citations:
Times 02-May-2003
Statutes:
Criminal Justice Act 1988 823(3), European Convention on Human Rights 6.3(d)
Jurisdiction:
England and Wales
Citing:
Cited – Luca v Italy ECHR 27-Feb-2001
The accused had been convicted. After exercising his right to silence, there were read to the court accounts of statements made by co-accused but without an opportunity for him to cross examine the witnesses.
Held: Saunders had established the . .
Lists of cited by and citing cases may be incomplete.
Evidence, Human Rights
Updated: 02 September 2022; Ref: scu.181829