D complained that the judge had relied upon an inference under section 34 when holding that he had a case to answer.
Held: The judge was wrong to do so: ‘The sort of circumstances we conceive to which paragraph (c) of subsection (2) [of section 34] applies are, for example, where the defence has involved putting a positive case on behalf of the appellant, perhaps supported by documents or whatever it may be, or, a more likely example perhaps, where the defendant has chosen to refuse to answer questions when initially interviewed but some time later, after consulting his solicitor, has produced a prepared statement or has given later answers. It does not apply in circumstances such as obtained in the present case where nothing had been relied on by the defence which could bring the section into play.’
Judges:
Hutchison LJ
Citations:
[1998] EWCA Crim 1304
Statutes:
Criminal Justice and Public Order Act 1994 34(2)(c)
Jurisdiction:
England and Wales
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: 11 May 2022; Ref: scu.154178
