Practice and Procedure

R v GARY NELSON (2009)

PUBLISHED July 16, 2009

[2009] EWCA Crim 1600

Where a judge had not been fully informed regarding a witness's circumstances before concluding that her reluctance to give evidence in a murder trial was predominantly caused by fear of the defendant and that it was in the interests of justice that her statement be read, the overall circumstances of the case were such that that irregularity in the proceedings did not affect the safety of the conviction.

CA (Crim Div) (Hughes LJ (V-P) , Rafferty J, Slade J)