R v Hayter [2005] Essay Example | Topics and Well Written Essays - 1000 words

R v Hayter [2005] - Essay Example When another co – accused is implicated in a confession, then that person has no opportunity to challenge it. Moreover, the maker may have an ulterior motive in implicating that person (McGourlay, 2006, p. 133). In this case, Hayter’s appeal failed, as the House of Lords ruled that the jury was empowered to decide the guilt of Ryan on the basis of his out of court statement, and thereafter to use this finding of guilt as evidence against Hayter. It was opined by their Lordships that there was no justification for not using the guilt of Ryan as a fact evidentially against Hayter (Taylor, 2012, p. 120). In R v Hayter, the first defendant, approached the second defendant Hayter, in order to get her husband killed. The second defendant Hayter, thereupon, hired the third defendant Ryan, to execute her husband (House of Lords, Session 2004 – 2005, 2005). All the defendants were convicted of murder by the jury. In his appeal, Hayter contended that the judge had erred in law by directing the jury that if they convicted Ryan of murder, then they could employ their finding that Ryan was the murderer, as evidence in the case against Hayter. The latter also relied on the ground that the judge had erred in law by not withdrawing the case from the jury, when the Crown’s case was closed (Regina v Hayter, 2005). The court ruled that in a joint trial involving defendants for a joint offence, the jury could use their findings of one of the defendants’ guilt, which was entirely founded on that defendant’s out of court statement, as a fact with regard to another defendant in that case. However, the jury had to be sufficiently certain regarding the veracity of such evidence. While admitting such evidence, the main consideration is whether it is relevant in the sense that it either disproves or establishes a fact in issue. It will also have to be ascertained whether such evidence has a probative