R v Horncastle and others (Appellants)

Judgment given

Case summary
Judgment details
Appeal
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Case summary

Case ID

UKSC/2009/0073

Parties

Appellant(s)

Michael Christopher Horncastle and David Lee Blackmore

Abijah Marquis and Joseph David Graham

David Michael Carter

Respondent(s)

The Crown

Issue

(1) Whether, having regard to the scheme of the Criminal Justice Act 2003 in relation to hearsay evidence and articles 6(3) and 6(3)(d) of the European Convention on Human Rights, a conviction based solely or to a decisive degree on hearsay evidence is necessarily unsafe; (2) Whether the only cases in which a conviction based on such evidence is safe is one in which the evidence was admitted because the witness was in fear; (3) The ambit of ‘fear’ for this purpose.

Facts

The appellants Horncastle and Blackmore were convicted of causing GBH with intent in November 2007. Hearsay evidence was adduced in court by way of a written statement, made by the witness before he died. The appellants Marquis and Graham were convicted of kidnap in May 2008. The witness refused to attend because she was frightened for her safety if she did. Thus, the contents of detailed statements made by her were adduced as evidence after a successful application by the prosecution.