||All England Reporter
|| All ER (D) 69 (Jun)
||Court of Appeal, Criminal Division
Toulson LJ, Walker J and Judge Wandsworth QC
||Mark McDonald (assigned by the Registrar of Criminal Appeals) for the defendant.
||Michael Clare (instructed by the Crown Prosecution Service) for the prosecution.
||8 June 2007
Criminal law - Trial - Summing up - Adverse comment - Silence of accused - Direction to jury - Adverse inference direction - Defendant choosing not to give evidence at trial - Recorder asking his counsel if defendant informed that jury might draw such inferences as proper from silence - Recorder not making adverse inference direction - Whether conviction unsafe.
Criminal law Trial. The defendant's convictions for kidnapping, false imprisonment and possession of an imitation firearm with intent to commit an indictable offence were unsafe, where the recorder had failed to give the standard adverse inference direction in relation to the defendant's decision not to give evidence and had instead obliquely told the jury that they could draw inferences from the defendant's silence without any of the guidance in the standard direction.
- Cases related to this particular case that are related to, or discuss this caseView related cases
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary