The defendant had been charged with murder. He served a late defence statement blaming the murder on a man called P who was already serving a sentence of life imprisonment for murder. P refused to respond to police enquiries of him, but in telephone calls he made abundantly clear to members of his family his indignation towards the false allegation. Having considered all the relevant section 114(2) factors the judge permitted the prosecution to adduce in evidence recordings of P’s telephone conversations. The defendant appealed.
Held: The appeal failed. The judge had carried out a full analysis of the interests of justice and also the prosecution case against the defence was otherwise a powerful one.
Stanley Burnton LJ, Collins and Davis JJ
[2010] EWCA Crim 450, (2010) 174 JP 241
Bailii
Criminal Justice Act 2003 114(2)
England and Wales
Cited by:
Cited – Adeojo and Another v Regina CACD 6-Feb-2013
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used.
Held: The appeals failed. The judge had . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Leading Case
Updated: 01 November 2021; Ref: scu.406575