|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 185 (Feb)|
|Court:||Court of Appeal, Criminal Division|
Aikens LJ, Blake J and the Recorder of Redbridge (judgment delivered extempore)
|Representation||Arash Abzarian (assigned by the Registrar of Criminal Appeals) for the defendant.|
|Amanda Kelly (instructed by the Crown Prosecution Service) for the Crown.|
|Judgment Dates:||28 February 2012|
Criminal Law - Trial - Judge - Direction to jury - Defendant being charged with aggravated vehicle taking - Discrepancies between description of driver given by victim and defendant - On arrest, defendant stating friend had just dropped him off at scene - Subsequently remaining silent in interview as to 'lift' given by friend - Judge giving jury standard directions as to identification evidence - Giving jury direction could draw whatever inferences they thought proper in circumstances as to defendant's silence in interview - Judge giving direction as to 'aggravated' element of offence of aggravated vehicle taking but no definition of driving 'dangerously' - Defendant being convicted - Whether judge erring - Whether conviction unsafe.