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 fact relied on in his defence for the purpose of section … Continue reading Regina v Webber: HL 22 Jan 2004
M was convicted of possessing a class A drug with intent to supply. His defence at trial was that W was the dealer and he was merely a purchaser. He had not mentioned this to the police when questioned, on the ground (he said) that he did not want to land W in trouble. The … Continue reading Regina v Mountford: CACD 21 Dec 1998
The defendant complained that, after acting on his solicitor’s advice to not answer questions when interviewed by the police, the court had allowed the jury to draw inferences from his failure. The police had failed to make such full disclosure of the case against the appellant as they could and should have done. The solicitor’s … Continue reading Regina v Argent: CACD 16 Dec 1996