[2007] EWCA Crim 942

On a consideration of whether a victim was not giving oral evidence through fear in accordance with the Criminal Justice Act 2003 s.116, the victim's state of mind had to be assessed against the history of the case which had involved allegations of rape and domestic violence. Where the perpetrator had used threats against her and financial resources to try to stop her giving evidence, there was ample evidence of her continuing fear of giving evidence against him.

CA (Crim Div) (Hooper LJ, Gibbs J, Roderick Evans J)

26/04/2007