Practice and Procedure

R v MICHAEL PATRICK DOHERTY (2006)

PUBLISHED October 25, 2006
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[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

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