McNair, R. v [2025] EWCA Crim 1376 (03 October 2025)

McNair, R. v [2025] EWCA Crim 1376 (03 October 2025)

The hearsay evidence of the deceased complainant was properly admitted under section 116 CJA 2003, the trial judge did not err in refusing to revisit the hearsay ruling or to dismiss the case, and the reliability of the complainant's evidence was capable of proper testing and assessment by the jury. The absence of other witnesses did not render the trial unfair or the conviction unsafe.

Citation
[2025] EWCA Crim 1376
Parties
Prosecution: Rex; Appellant/defendant: John McNair
Jurisdiction
England and Wales
Judgment Date
03 October 2025
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Crown Court
Outcome
appeal dismissed
Legal Topics
Hearsay Evidence, Sexual Offences, Admissibility of Evidence, Appeals, Fair Trial, Section 116 Criminal Justice Act 2003, Section 78 Police and Criminal Evidence Act 1984
Criminal Law Hearsay Evidence Sexual Offences Admissibility of Evidence Appeals Fair Trial Section 116 Criminal Justice Act 2003 Section 78 Police and Criminal Evidence Act 1984

Case Brief

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Parties

Rex

Prosecution

John McNair

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Crown Court

Legal Issues

  1. 1 Whether the admission of the deceased complainant's hearsay evidence under section 116 Criminal Justice Act 2003 rendered the trial unfair
  2. 2 Whether the trial judge erred in refusing to revisit the hearsay ruling after prosecution witnesses became unavailable
  3. 3 Whether the trial judge erred in refusing to dismiss the case under section 125 Criminal Justice Act 2003 due to reliance on unconvincing hearsay evidence

Ratio Decidendi

The hearsay evidence of the deceased complainant was properly admitted under section 116 CJA 2003, the trial judge did not err in refusing to revisit the hearsay ruling or to dismiss the case, and the reliability of the complainant's evidence was capable of proper testing and assessment by the jury. The absence of other witnesses did not render the trial unfair or the conviction unsafe.

Court Disposition

appeal dismissed