RL v R [2008] EWCA Crim 973 (07 May 2008)

RL v R [2008] EWCA Crim 973 (07 May 2008)

Admission of the wife's hearsay statement was fair and in the interests of justice; no requirement for police to inform spouse of compellability; s.80 PACE does not bar voluntary statements from being admitted as evidence; conviction not unsafe regardless of statement's admission.

Citation
[2008] EWCA Crim 973
Parties
Appellant: R. L; Respondent: R
Jurisdiction
England and Wales
Judgment Date
07 May 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Compellability of Spouse, Admissibility of Hearsay, Sexual Offences, Fair Trial, Interests of Justice
Criminal Law Evidence Compellability of Spouse Admissibility of Hearsay Sexual Offences Fair Trial Interests of Justice

Case Brief

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Parties

R. L

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether police must inform spouse of compellability before taking statement
  2. 2 Whether spouse's statement should be excluded under s.80 PACE
  3. 3 Whether hearsay statement should be excluded under s.114 CJA 2003 and s.78 PACE

Ratio Decidendi

Admission of the wife's hearsay statement was fair and in the interests of justice; no requirement for police to inform spouse of compellability; s.80 PACE does not bar voluntary statements from being admitted as evidence; conviction not unsafe regardless of statement's admission.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • no further orders