||All England Reporter
|| All ER (D) 433 (Nov)
|| EWCA Crim 2708
||Court of Appeal, Criminal Division
Latham LJ, Curtis J and Judge Fox QC
||David Hooper (assigned by the Registrar of Criminal Appeals) for the defendant.
||Brendan Kelly (instructed by the Crown Prosecution Service) for the Crown.
||19 November 2002
Criminal evidence and procedure - Trial - Summing up - Direction to jury - Inference to be drawn from co-accused's silence - Safety of conviction - s 35(1)(b).
In the instant case, where a co-accused had not given evidence, and the judge had given a direction that the contents of a co-accused's police interview could not and did not provide any evidence against the defendant, there had been no irregularity and the defendant's conviction was not rendered unsafe.
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