||All England Reporter
|| All ER (D) 19 (Dec)
|| EWCA Crim 2495
||Court of Appeal, Criminal Division
Pill LJ, Hedley and Calvert Smith JJ
||Martin Huseyin (assigned by the Registrar of Criminal Appeal) for the defendant.
||Alisdair Smith (instructed by the Crown Prosecution Service) for the prosecution.
||4 October 2007
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 - .
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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