The defendant sought leave to appeal his conviction for causing grievous bodily harm, saying that the judge should not have admitted hearsay evidence and had failed to consider all the elements he should have considered before allowing it.
Held: The Act provided for nine separate factors. The judge had said that he had been unable to form a view on all nine factors, but that the defendant could call evidence to contradict the assertions made. The section required the judge to ‘have regard to’. That did not mean that he was required to reach and explain his conclusion on each. The judge had clearly had regard to the required elements, and leave was refused.
Judges:
Rose LJ, Raferty J, Sir Douglas Brown
Citations:
Times 07-Feb-2006
Statutes:
Jurisdiction:
England and Wales
Criminal Evidence
Updated: 20 May 2022; Ref: scu.238329