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Court of Appeal dismisses appeal of murder conviction where unrecorded statements were taken from the step-niece of the appellant and her partner (although the reading back and signing of statements were recorded) and admitted in evidence at trial, finding that: 1) the trial judge did not err in his decision to admit the evidence; 2) the jury was adequately charged by the judge in relation to same and was, in the overall context of the trial, made aware that the issues arising in relation to the unsworn statements concerned their truthfulness and voluntary nature; 3) any reference to a “gangland killing” in the course of the trial was comprehensively addressed with the jury; and 4) the makers of the statements could not reasonably be viewed as accomplices for the purposes of requiring a warning to be given to the jury.
Criminal law – appeal of murder conviction – admission into evidence of certain statements – reference to “gangland killing” in the course of the trial – accomplice issue – refusal to discharge the jury – section 16 of the Criminal Justice Act 2006 – whether statements were made voluntarily – whether the trial judge failed to adjudicate fairly in relation to the admission of Ms. Douglas’s statement pursuant to s. 16 of the Criminal Justice Act 2006 – the charge to the jury relating to the s. 16 statements – trial judge did not err in his decision to admit the evidence of the statements – s. 10 of the Criminal Procedure Act of 1993 – s. 7 of the Criminal Law Act 1997 – matters properly left to the jury for determination – need for caution or care in its evaluation of that evidence was adequately spelt out to the jury in the course of the trial – appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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