Abdzahra, R. v

Abdzahra, R. v

The judge was entitled to conclude, based on the evidence of police officers, the complainant's withdrawal statements, and the timing of her travel, that her absence was due to fear induced by the applicant or someone on his behalf. The admission of her hearsay evidence was proper, and the conviction for affray was safe.

Parties
Prosecutor: Regina; Applicant: Anmar Abdzahra
Jurisdiction
England and Wales
Judgment Date
04 November 2011
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time and for Leave to Appeal Against Conviction
Outcome
renewed application for extension of time and for leave to appeal against conviction refused
Legal Topics
Affray, Hearsay Evidence, Admissibility of Evidence, Witness Intimidation, Protection From Harassment Act 1997
Criminal Law Affray Hearsay Evidence Admissibility of Evidence Witness Intimidation Protection From Harassment Act 1997

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Parties

Regina

Prosecutor

Anmar Abdzahra

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Extension of Time and for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge was correct in admitting the complainant's hearsay evidence under section 116(2)(e) of the Criminal Justice Act 2003 due to fear induced by the applicant
  2. 2 Whether the conviction for affray was safe given the circumstances of the complainant's absence and the evidence presented

Ratio Decidendi

The judge was entitled to conclude, based on the evidence of police officers, the complainant's withdrawal statements, and the timing of her travel, that her absence was due to fear induced by the applicant or someone on his behalf. The admission of her hearsay evidence was proper, and the conviction for affray was safe.

Court Disposition

renewed application for extension of time and for leave to appeal against conviction refused