||All England Reporter
|| All ER (D) 16 (Apr)
||Court of Appeal, Criminal Division
Mantell LJ, Pitchford J and The Recorder of London
||Ishmael Kumi (instructed by Akhtar & Co) for the defendants.
||Anthony McGeorge (instructed by the Crown Prosecution Service) for the Crown.
||3 April 2001
Criminal law - Trial - Direction to jury - Adverse inference - Failure of accused to mention facts in interview later relied upon at trial - Judge directing that jury entitled to draw adverse inference against accused as result of that failure - Whether misdirection - Whether conviction consequently unsafe.
A judge had erred in directing a jury that they could draw an adverse inference against a defendant from his failure to mention in interview facts later relied upon at trial because the defendant had in fact disclosed those material facts in a prepared statement handed to the police at his interview.
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