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Court of Appeal dismisses appeal from Central Criminal Court, and affirms murder conviction where the victim was fatally wounded by gunshot, finding that: 1) the admission of an out of court statement was valid and the trial judge’s treatment of the reliability issue was unimpeachable; and 2) the alleged failure to give an accomplice warning (which had not been raised at trial) did not render the trial unfair since the judge was not requested to give such a warning, notwithstanding that the question of whether a warning would be appropriate was specifically raised.
Criminal law – appeal of murder conviction – admission of an out of court statement pursuant to the provisions of s. 16 of the Criminal Justice Act 2006 – new ground relating to the failure of the trial judge to deliver an accomplice warning – whether to permit the out of court statement to be adduced pursuant to s. 16 – trial judge’s treatment of the reliability issue was unimpeachable – failure to give an accomplice warning – judge was not requested to give such a warning notwithstanding that the question of whether a warning would be appropriate was specifically raised – appeal dismissed
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