[2012] EWCA Crim 2327

A judge had misdirected a jury by instructing them that they could draw an adverse inference from a defendant's failure to mention at interview facts that were later relied on at trial where these facts were agreed by the prosecution and there was no dispute that they were true. However, the evidence against the defendant was very strong and the misdirection did not affect the safety of his conviction.

CA (Crim Div) (Richards LJ, McCombe J, Stuart-Smith J)

23/10/2012