A decision to allow the Crown to rely on the DVD recordings of a victim's interviews as hearsay evidence for a charge of breaching a restraining order had been right where the victim was so seriously unwell that she had been unable to give evidence and be cross-examined. The judge had not erred in concluding that the same evidence was inadmissible on a separate charge of rape as the central issue there had been consent and it would not have been possible to test the reliability of the victim's evidence.

CA (Crim Div) (Laws LJ, Keith J, Judge Wide QC)


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