10 May 2018
Because PT, CT and ED took the oath, entered the witness box and were questioned (and answered some questions), they were witnesses under s4; their prior statements were therefore admissible and, on the facts, not unfairly prejudicial under s8 and not excluded by s35; consequently leave to appeal was dismissed.
3 May 2016
The Court held that the High Court judgment did resolve the admissibility of A's hearsay evidence under s18 in favour of admission and that the appeal must be dismissed; however the High Court did not resolve the separate question of receipt or exclusion under s8 in the event charges are severed, which remains open.
16 Mar 2010
By majority the Supreme Court held the prior written statement of the Crown witness was admissible and the trial judge did not err in admitting it; the s8 unfair prejudice balancing did not require exclusion in the particular circumstances and the appeal was dismissed. A dissenting judgment held the statement should have been excluded under s8 absent reasonable assurance of reliability and would have quashed the conviction and ordered a retrial.