| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 19 (Dec) |
| Neutral Citation: | [2007] EWCA Crim 2495 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Pill LJ, Hedley and Calvert Smith JJ |
| Representation | Martin Huseyin (assigned by the Registrar of Criminal Appeal) for the defendant. |
| Alisdair Smith (instructed by the Crown Prosecution Service) for the prosecution. | |
| Judgment Dates: | 4 October 2007 |
Catchwords
Criminal law - Trial - Direction to jury - Adverse inferences - Failure to mention facts relied on in defence - Judge failing to give full direction as to adverse inferences - Whether conviction unsafe - .
The Case
In the instant case, where the defendant had failed to mention in his interviews that he had thought his alleged victim of an assault had had a hammer, his conviction was not unsafe as the judge had been entitled to approach the matter as he hadin his summing up and to have declined to give a full adverse inferences direction.
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