R v John McNair

R v John McNair

The hearsay evidence of the deceased complainant was properly admitted under section 116 CJA 2003, the trial judge correctly refused to revisit the hearsay ruling and to dismiss the case under section 125, as the reliability of the complainant's evidence was capable of proper testing and assessment by the jury, and...

Source-derived case information.

Parties
Prosecution: Rex; Appellant: John McNair
Jurisdiction
England and Wales
Judgment Date
30 October 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Hearsay Evidence, Fair Trial, Admissibility of Evidence
Criminal Law Sexual Offences Hearsay Evidence Fair Trial Admissibility of Evidence

Source-derived case record

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Parties

Rex

Prosecution

John McNair

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in admitting hearsay evidence of the deceased complainant under section 116 of the Criminal Justice Act 2003
  2. 2 Whether the trial judge erred in refusing to revisit the hearsay ruling after prosecution witnesses fell away
  3. 3 Whether the trial judge erred in refusing to dismiss the case under section 125 of the Criminal Justice Act 2003

Ratio Decidendi

The hearsay evidence of the deceased complainant was properly admitted under section 116 CJA 2003, the trial judge correctly refused to revisit the hearsay ruling and to dismiss the case under section 125, as the reliability of the complainant's evidence was capable of proper testing and assessment by the jury, and the conviction was safe.

Court Disposition

appeal dismissed

Orders

  • conviction upheld