||All England Reporter
|| All ER (D) 128 (Oct)
||Court of Appeal, Criminal Division
Sir Igor Judge P, Holland and Goldring JJ
||Samantha Cohen (assigned by the Registrar of Criminal Appeals) for the defendant.
||Gundrun Fama (instructed by the Crown Prosecution Service) for the Crown.
||11 October 2006
Criminal law - Trial - Direction to jury - Adverse inferences from failure to give evidence - Unrepresented defendant - Defendant's police interviews being played to jury - Judge effectively treating interviews as defendant's evidence in trial - Judge failing to direct jury as to adverse inferences as to failure to give oral evidence - Overwhelming prosecution case - Whether conviction unsafe.
In all the circumstances of the instant case, where the defendant represented himself at his trial but did not give evidence, the judge's failure to direct the jury as to his failure to give evidence had no effect on the safety of the conviction as the judge had effectively treated the defendant's interviews (which had been played to the jury) as his evidence and the jury were bound, in the light of the overwhelming prosecution case, to have convicted the defendant of, inter alia, conspiracy to make false instruments.
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