R v Al-Khawaja (Imad)
| Jurisdiction | England & Wales |
| Judgment Date | 03 November 2005 |
| Neutral Citation | [2005] EWCA Crim 2697 |
| Date | 03 November 2005 |
| Court | Court of Appeal (Criminal Division) |
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18 cases
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Grant v State
...criminal defendants: R v D [2002] EWCA Crim 990, [2003] QB 90, para 41; R v M(KJ), above, para 60; R v Sellick, above, paras 52-56; R v Al-Khawaja [2005] EWCA Crim 2697, para 26. The Board would endorse that 20 Sixthly, the right to confrontation expressed in the sixth amendment to the U......
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R v Horncastle and another
... ... the decision of the Fourth Section of the European Court of Human Rights ("the Chamber"), delivered on 20 January 2009, in the cases of Al-Khawaja and Tahery v United Kingdom (2009) 49 EHRR 1 ... In each of those applications statements had been admitted in evidence at a criminal trial of a ... ...
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R v Davis (Iain); R v Ellis; R v Gregory; R v Simms; R v Martin
...made by witnesses who were kept away from the court by fear (eg. R v Sellick [2005] EWCA Crim 651, [2005] 1 WLR 3257), or death (eg. R v Al-Khawaja [2005] EWCA Crim 2697, [2006] 1 WLR 1078) or because they could not be found (eg. Grant v The Queen [2006] UKPC 2, [2007] 1 AC 1). Such cas......
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R v L
...has recently been addressed in the context of the jurisprudence of the European Court of Human Rights in R v Sellick (2005) 1WLR 327 and R v Al Khawaja (2006) 1 WLR 20 The express language of article 6 (3)(d) of the Convention provides that: "Everyone charged with a criminal offence has th......
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1 firm's commentaries
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Absent Witnesses - Al-Khawaja Revisited
...be applied most carefully if unfairness is to be avoided. Footnotes The Times, 22nd December 2011 49 E.H.R.R. 1(1) R. v. Al-Khawaja [2006] 1 W.L.R. 1078 ([2005] EWCA Crim. R. v. Tahery, unreported ([2006] EWCA Crim. 529) 36 E.H.R.R. 807(46) [2009] 2 Cr.App.R. 230(15) ([2009] EWCA Crim. 964)......
12 books & journal articles
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Court of Appeal
...evidence against them. Such anabsolute rule cannot have been intended by the European Court inStrasbourg.Similarly, in R v Al Khawaja [2005] EWCA Crim 2697, where a com-plainant to an alleged indecent assault had died, her earlier statementwas admitted (the decision was informed by the fact......
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Absent Witnesses and the UK Supreme Court: Judicial Deference as Judicial Dialogue?
...Kingdom (2009) 49 EHRR 1 at [37].12 RvSellick [2005] EWCA Crim 651, [2005] 1 WLR 3257; RvCampbell [2005] EWCA Crim 2078; RvAl-Khawaja [2005] EWCA Crim 2697, [2006] 1 WLR 1078; RvTahery [2006] EWCA Crim 529; RvDoherty[2006]EWCA Crim2716; RvArcher[2007] EWCA Crim 930;RvBoulton [2007] EWCA Cri......
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Hearsay Evidence
...that itwas admissible, because the statutory regime was exhaustive, and didnot cover it.Ben FitzpatrickHearsay EvidenceR vAl-Khawaja [2005] EWCA Crim 2697, [2006] 1 WLR 1078The defendant was a consultant physician in rehabilitative medicine andwas charged with separate counts of indecent as......
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Divisional Court
...to give evidence for an entirely properreason. For discussion, see for example, R v Sellick [2005] EWCA Crim651; R v Al Khawaja [2005] EWCA Crim 2697; Grant v The Queen [2006]UKPC 2; R v Cole and Keet [2007] EWCA Crim 1924. In a similar vein, theCourt of Appeal has noted, in R v Xhabri [200......
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