Practice and Procedure

R v JADE NEWALL (2013)

PUBLISHED June 21, 2013

[2013] EWCA Crim 1268

A judge's failure to give a McGarry direction did not render the offender's conviction for conspiring to supply cocaine unsafe as the jury had been warned about speculation and his no-comment interview had acquired no significance in the case. No unfairness was caused by his cross-examination on a matter not previously raised by the prosecution as the judge had dealt with the issue in a fair and balanced manner in her summing up.

CA (Crim Div) (Pitchford LJ, Mitting J, MacDuff J)