The defendant had refused to answer any questions at his trial. The court asked what significance could be atached to his exercise of this right if he was innocent.
Held: Authority showed in many cases that a court must not draw adverse inferences from an accused’s silence, but there were exceptions: ‘and this is one of them, in which the circumstances are such that it does not appear that there is any unfairness involved in the comment. The line dividing what may be said and what may not be said is a very fine one, and it is perhaps doubtful whether in a case like the present it would be even perceptible to the members of any ordinary jury. But there can be no doubt, on the authorities, that this court must hold that, in the present state of the law, what was said to the jury in the passage from the summing-up which has been cited amounted to a misdirection.’
References: (1966) 51 Cr App R 102
Judges: Lord Parker CJ, Salmon LJ and Fenton Atkinson J
Jurisdiction: England and Wales
This case cites:
- Cited – Regina v Davis CCA 1959
A judge is not entitled in any circumstances to suggest to a jury, when a man refuses to answer any questions after having been cautioned, that, if he were innocent, it is likely that he would have answered the questions. . .
((1959) 43 Cr App R 215) - Cited – Rex v Leckey CCA 1943
A conviction was set aside where the judge had invited the jury to take account of the defendant’s failure to give evidence. . .
((1943) 29 Cr App R 128, [1944] K B 80) - Cited – Rex v Naylor 1932
The defendant’s conviction was found unsafe because of the judge’s adverse comments on his silence. . .
([1933] 1 KB 685, (1932) 23 Cr App R 177)
This case is 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 . .
(, [2004] UKHL 1, , Times 23-Jan-04, [2004] 1 WLR 404)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.192239 br>