Where a motive for a sexual complaint was mentioned by an accused at trial but not at interview, the Crown would have to establish that the accused knew of that motive at the time of interview to rely on a direction inviting the jury to draw adverse inference under s.34 Criminal Justice and Public Order Act 1994. Where a judge thought that there was independent supporting evidence, he was bound to identify it.

CA (Crim Div) (Henry LJ, Owen J, Douglas Brown J)

04/11/1999