[2006] EWCA Crim 2716

Where a key witness was subjected to subtle intimidation from a defendant, the court had to perform a balancing exercise between a subjective assessment of fear and an objective assessment of fairness in deciding whether a statement of evidence should be admitted under the Criminal Justice Act 2003 s.116 , thereby depriving the defendant of the opportunity to cross-examine that witness.

CA (Crim Div) (Tuckey LJ, Holman J, Cooke J)

25/10/2006