R v BOB & Ors

R v BOB & Ors

The trial judge's ruling to exclude the hearsay statements was wrong and unreasonable because he failed to properly consider the presence of independent supporting evidence, the largely agreed facts, and the ability of the jury to test and assess reliability. The judge also did not adequately address the...

Source-derived case information.

Parties
Appellant: The Crown; Respondent: BOB; Respondent: BYY; Respondent: AEN; Respondent: BEK
Jurisdiction
England and Wales
Judgment Date
12 May 2024
Procedural Posture
Criminal Appeal / Appeal Against Trial Judge's Ruling on Admissibility of Hearsay Evidence
Outcome
Appeal allowed
Legal Topics
Hearsay Evidence, Admissibility of Evidence, Disclosure Obligations, Jury Directions
Criminal Law Evidence Hearsay Evidence Admissibility of Evidence Disclosure Obligations Jury Directions

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Crown

Appellant

BOB

Respondent

BYY

Respondent

AEN

Respondent

BEK

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Trial Judge's Ruling on Admissibility of Hearsay Evidence

Legal Issues

  1. 1 Whether the trial judge erred in excluding hearsay statements of deceased witnesses as inadmissible
  2. 2 Whether the reliability of the hearsay statements could be properly tested and assessed by the jury
  3. 3 Whether the prosecution complied with disclosure obligations relevant to the admissibility of hearsay

Ratio Decidendi

The trial judge's ruling to exclude the hearsay statements was wrong and unreasonable because he failed to properly consider the presence of independent supporting evidence, the largely agreed facts, and the ability of the jury to test and assess reliability. The judge also did not adequately address the prosecution's disclosure obligations or the statutory framework for hearsay. The hearsay statements are admissible and the appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • The hearsay statements are admissible at trial.
  • The trial will proceed before a different judge, who must consider the position under section 125 of the Criminal Justice Act 2003 after all evidence is adduced.