R v AWQ

R v AWQ

The judge's ruling did not properly engage with the prosecution's evidence and failed to consider the permissible inferences a reasonable jury could draw. The evidence was sufficient to go before a jury. The exclusion of the hearsay evidence was also unreasonable given the context and the improbability of securing the attendance of the statement maker. Both rulings were reversed.

Parties
Applicant: Rex; Respondent: AWQ
Jurisdiction
England and Wales
Judgment Date
30 July 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Terminating Ruling
Outcome
Appeal allowed; terminating ruling and hearsay exclusion reversed; retrial ordered.
Legal Topics
Terminating Ruling, No Case to Answer, Admissibility of Hearsay Evidence, Organised Crime Group, Conspiracy to Supply Drugs
Criminal Law Terminating Ruling No Case to Answer Admissibility of Hearsay Evidence Organised Crime Group Conspiracy to Supply Drugs

Case Brief

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Parties

Rex

Applicant

AWQ

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether the trial judge erred in ruling there was no case to answer against AWQ
  2. 2 Whether the trial judge erred in excluding hearsay evidence under s.114(1)(d) Criminal Justice Act 2003

Ratio Decidendi

The judge's ruling did not properly engage with the prosecution's evidence and failed to consider the permissible inferences a reasonable jury could draw. The evidence was sufficient to go before a jury. The exclusion of the hearsay evidence was also unreasonable given the context and the improbability of securing the attendance of the statement maker. Both rulings were reversed.

Court Disposition

Appeal allowed; terminating ruling and hearsay exclusion reversed; retrial ordered.

Orders

  • Leave to appeal granted
  • Trial judge's ruling of no case to answer reversed