Practice and Procedure

R v D (2005)

PUBLISHED May 26, 2005

[2005] EWCA Crim 1411

Convictions for causing death by dangerous driving were not safe where evidence in relation to a blood sample taken from the accused, and the refusal to give access to it, had been wrongly admitted. It was unfair that any adverse inference should be drawn against the accused in the circumstances, particularly when no warning that an adverse inference might be drawn was given.

CA (Crim Div) (Waller LJ, Cox J, David Clarke J)