Legal Case Analysis
1. In this matter I am asked to advise those instructing me as to whether the prosecution can adduce evidence of a written statement of a witness unwilling to testify at trial and secondly how her evidence might be presented if she decides to give evidence at trial.
Best services for writing your paper according to Trustpilot
2. I understand that Chrissie lives within close proximity to the scene of the crime and is in fact a ‘next door neighbour’.3. Anterior to Chrissie’s involvement, the victim, Bella, was attacked in her bedroom by an intruder wearing a balaclava. The intruder broke into the house through the kitchen window and repeatedly stabbed her with a ‘large knife’.
4. Bella did not see the attacker’s face, but perhaps by serendipity, Chrissie caught a ‘brief glimpse of the attacker’s face’ when the attacker ran out of the house, taking off his balaclava and running away in the opposite direction.5. I was initially inclined to address the evidential issue of suspect identification, encapsulated in the Turnbull principles as Chrissie caught only a ‘brief glimpse’ of the attackers face. However, instructing solicitors have advised that presently, this is not germane.
6. This antecedent opinion was made admittedly extemporarily. I have since engaged in more prodigious and thorough research of relevant case law and statutes and will advise instructing solicitors accordingly.7. Chrissie gave a full statement to the police and identified Alex at a ‘properly conducted identification procedure’ prima facie in conformity with section 9 of the Criminal Justice Act 1967.
8. Consequently, Chrissie has since received a number of threatening telephone calls, and remains obstinate about giving evidence against Alex at trial. The most pertinent…
…-Taylor [2006] EWCA Crim, (2006)13) R-v-Thomas [1998] Crim LR 887, CA14) R v Turnbull 1976, 63 Cr App R 13215) R-v-Xhabri [2005] EWCA Crim 313516) Riat [2013] 1 Cr App R 217) Shabir (Mohammed Hanees) [2012] EWCA Crim 256418) Teper v R [1952] ac 480
Statutes1) Criminal Justice Act 19672) Criminal Justice Act 20033) European Convention on Human Rights and Fundamental Freedoms 19504) Youth Justice and Criminal Evidence Act 1999
Secondary SourcesJournals and text books1) Adam Webster, ‘International Journal of Evidence and Proof: Horncastle v R: statements from witnesses absent at trial.’[2009]2) Collin Tapper, Cross &Tapper on Evidence (12th Edition, Oxford University Press 2010)3) Liz Hefernan, ‘Hearsay in Criminal Trials: the Strasbourg Perspective’ [2013]4) Roderick Munday, Evidence (7th edition , Oxford University Press, 2013)
