The appellant, who had previous convictions, did not give evidence, and the trial judge gave a direction in accordance with section 35.
Held: The Court rejected a submission by the appellant’s counsel that the judge should have not have told the jury that they could draw inferences from the defendant’s failure to give evidence.
Judges:
Buxton LJ
Citations:
[1999] Crim LR 77
Statutes:
Criminal Justice and Public Order Act 1994 35
Jurisdiction:
England and Wales
Citing:
Approved – Regina v Cowan and Another CACD 12-Oct-1995
Detailed directions were provided for the judge to give to a jury where a defendant chooses not to give evidence in his defence in the Crown Court.
Lord Taylor of Gosforth said: ‘1. The judge will have told the jury that the burden of proof . .
Cited by:
Cited – Regina v Becouarn HL 28-Jul-2005
At his trial for murder, the defendant had not given evidence, and the court had allowed the jury to draw proper inferences under s35.
Held: The JSB direction ‘on drawing inferences [i]s sufficiently fair to defendants, emphasising as it does . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 07 May 2022; Ref: scu.229101
