Source: All England Reporter
Publisher Citation: [2002] All ER (D) 433 (Nov)
Neutral Citation: [2002] EWCA Crim 2708
Court: Court of Appeal, Criminal Division
Judge:

Latham LJ, Curtis J and Judge Fox QC

Representation David Hooper (assigned by the Registrar of Criminal Appeals) for the defendant.
  Brendan Kelly (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 19 November 2002

Catchwords

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).

The Case

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.

If you are a LexisLibrary subscriber you can read more about this case here.