ADMISSIBILITY

[2018] EWHC 1392 (Fam) [2018] EWHC 1392 (Fam)

In the context of a mother’s application to commit her children’s father to prison for making false statements of truth and breaching court orders in connection with securing the return of the children from Nigeria, the court considered that transcripts of conversations between the father and another man, which took place whilst the father was serving a prison sentence, were admissible. Although the transcripts had been improperly obtained, their provision had been a mistake rather than a deliberate act.

A magistrates’ court had not properly exercised its discretion in finding that it was in the interests of justice to allow a complainant’s written statement to be admitted under the Criminal Justice Act 2003 s.114(1)(d) where the appellant had failed to adequately particularise the areas of dispute for the trial, the appellant had required the complainant’s attendance at trial, the court had allowed time for the evidence and the complainant had attended to give evidence.

[2018] EWCA Crim 739 [2018] EWCA Crim 739

The court upheld an offender’s convictions for murder and attempted murder following the fatal shooting of a member of a rival gang.

[2018] EWCA Crim 690 [2018] EWCA Crim 690

A trial judge’s decision to withdraw a murder charge from the jury was overturned where it was found that the victim’s death by euthanasia was a direct response to his injuries and the unbearable suffering resulting from them for which the defendant was responsible. It was open to the jury to conclude that neither the victim’s suffering nor his decision to end his life could be described as “voluntary” in the sense of being the product of free and unfettered volition presupposed by the novus actus interveniens rule.

[2018] EWCA Crim 538 [2018] EWCA Crim 538

Evidence of a step-father’s controlling behaviour towards his wife and step-son had been relevant evidence at his trial for 16 sexual offences against his step-daughter, as his defence was that his step-daughter was lying and exaggerating his controlling behaviour and the evidence was relevant to the issue of her credibility. A total sentence of 22 years’ imprisonment was not manifestly excessive.