The trial judge had drawn an adverse inference under article 3. The defendant complained that he had not relied on any fact in his defence but had simply tested the prosecution case.
Held: ‘in this case it cannot be said that the accused ‘relied on a fact in his defence’ within the meaning of article 3(1)(a) because all that defence counsel did was to probe the prosecution case, without suggesting a fact which the accused relied on to a prosecution witness’.
Judges:
Hutton LCJ
Citations:
Unreported, 13 May 1992
Statutes:
Criminal Evidence (Northern Ireland) Order 1988 (SI 1988/1987) 3
Jurisdiction:
Northern Ireland
Cited by:
Cited – Regina v Webber HL 22-Jan-2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution.
Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 13 May 2022; Ref: scu.192244