R v C (Rev 1)

R v C (Rev 1)

The hearsay evidence was properly admitted as the statutory requirements were met and section 116(5) did not apply to the circumstances of the witness's death. The trial judge's directions to the jury were sufficient to address any potential prejudice, and there was no unfairness or miscarriage of justice warranting interference with the conviction.

Parties
Respondent: R; Appellant: C
Jurisdiction
England and Wales
Judgment Date
09 April 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Hearsay Evidence, Jury Discharge, Sexual Offences, Admissibility of Evidence
Criminal Law Hearsay Evidence Jury Discharge Sexual Offences Admissibility of Evidence

Case Brief

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Parties

R

Respondent

C

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the admission of hearsay evidence (ABE interview and suicide note) was proper under the Criminal Justice Act 2003 and PACE 1984
  2. 2 Whether the jury should have been discharged following inadvertent reference to a prior allegation

Ratio Decidendi

The hearsay evidence was properly admitted as the statutory requirements were met and section 116(5) did not apply to the circumstances of the witness's death. The trial judge's directions to the jury were sufficient to address any potential prejudice, and there was no unfairness or miscarriage of justice warranting interference with the conviction.

Court Disposition

Appeal dismissed