R v C (Rev 1) [2019] EWCA Crim 623 (09 April 2019)

R v C (Rev 1) [2019] EWCA Crim 623 (09 April 2019)

Section 116(5) of the Criminal Justice Act 2003 does not render hearsay evidence inadmissible where the deceased witness's death was not caused by the party seeking to adduce the evidence to prevent testimony. The trial judge's careful application of the statutory framework and provision of appropriate jury...

Source-derived case information.

Citation
[2019] EWCA Crim 623
Parties
Respondent: R; Appellant: C
Jurisdiction
England and Wales
Judgment Date
09 April 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Crown Court
Outcome
Appeal dismissed
Legal Topics
Hearsay Evidence, Jury Discharge, Sexual Offences, Admissibility of Evidence, Bad Character Evidence
Criminal Law Hearsay Evidence Jury Discharge Sexual Offences Admissibility of Evidence Bad Character Evidence

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Parties

R

Respondent

C

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Crown Court

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 trial judge erred in refusing to discharge the jury after a prejudicial jury note

Ratio Decidendi

Section 116(5) of the Criminal Justice Act 2003 does not render hearsay evidence inadmissible where the deceased witness's death was not caused by the party seeking to adduce the evidence to prevent testimony. The trial judge's careful application of the statutory framework and provision of appropriate jury directions meant there was no unfairness or miscarriage of justice in admitting the evidence or refusing to discharge the jury.

Court Disposition

Appeal dismissed