[2009] EWCA Crim 464

A conviction for the preparation of terrorist acts was upheld, as although the offender had mental health conditions, the judge had correctly ruled that the jury would be able to draw an adverse inference from his silence if he did not give evidence, since the judge had to take all the circumstances into account, not just the welfare of the offender, and the offender's evidence had been important to the case.

CA (Crim Div) (Hughes LJ (V-P), King J, Judge Gordon)

03/03/2009