| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 16 (Apr) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Mantell LJ, Pitchford J and The Recorder of London |
| Representation | Ishmael Kumi (instructed by Akhtar & Co) for the defendants. |
| Anthony McGeorge (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 3 April 2001 |
Catchwords
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.
The Case
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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