[2012] EWCA Crim 837

A conviction for rape was unsafe as the untested hearsay evidence of the complainant, who had died before the trial, should not have been admitted under the Criminal Justice Act 2003 s.116. In the light of the reliability of the evidence and its importance to the Crown's case, its admission had had such an adverse effect on the fairness of the proceedings as to infringe the defendant's rights under the European Convention on Human Rights 1950 art.6(1).

CA (Crim Div) (Aikens LJ, Field J, Judge Nicholas Cooke QC)


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