Scorah, R. v

Scorah, R. v

The judge erred in admitting multiple hearsay evidence without applying the stricter test under section 121 of the Criminal Justice Act 2003. The provenance and reliability of the statement were not established, and the jury was not properly directed on how to treat the evidence. These errors rendered the conviction unsafe.

Parties
Prosecution: Regina; Appellant: Kevin Scorah
Jurisdiction
England and Wales
Judgment Date
09 July 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed, conviction quashed, retrial ordered
Legal Topics
Hearsay Evidence, Admissibility of Evidence, Identification Evidence, Alibi, Joint Trial, Summing Up, Retrial
Criminal Law Hearsay Evidence Admissibility of Evidence Identification Evidence Alibi Joint Trial Summing Up Retrial

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Kevin Scorah

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in admitting multiple hearsay evidence under section 121 of the Criminal Justice Act 2003
  2. 2 Whether the judge failed to direct the jury adequately on the weight and provenance of the hearsay evidence
  3. 3 Whether the summing-up was deficient regarding separate consideration for co-defendants and weaknesses in identification evidence

Ratio Decidendi

The judge erred in admitting multiple hearsay evidence without applying the stricter test under section 121 of the Criminal Justice Act 2003. The provenance and reliability of the statement were not established, and the jury was not properly directed on how to treat the evidence. These errors rendered the conviction unsafe.

Court Disposition

appeal allowed, conviction quashed, retrial ordered

Orders

  • conviction quashed
  • retrial ordered on the same count