[2010] EWCA Crim 2499

A judge had erred in admitting the statement of a prosecution witness as evidence under the hearsay provisions in the Criminal Justice Act 2003 s.114 in a murder trial on the grounds that the witness was under stress and worried about raking up unpleasant memories where there was no medical evidence in support, the evidence was very damaging to the defendant's case, and depriving the defendant of the right of confrontation had caused severe prejudice.

CA (Crim Div) (Thomas LJ, Sweeney J, Nicola Davies J)

22/12/2010