CASE 2. 

Mr Horncastle and Mr Blackmore were convicted of causing grievous bodily harm, with intent, to Mr Peter Rice. Mr Rice made a witness statement to the police about what had happened to him. He died before the trial of causes not attributable to the injuries that had been inflicted upon him. His statement was read at the trial. Although there was other evidence that supported it, the Court of Appeal concluded that the statement was “to a decisive degree” the basis upon which the appellants were convicted.

Mr Rice’s witness statement was admitted pursuant to sections of the Criminal Justice Act 2003 (“the CJA 2003”), which makes admissible, subject to conditions, the statement of a witness who cannot give evidence because he has deceased.