[2011] EWCA Crim 868

A conviction for rape and attempted assault by penetration was unsafe as the judge's direction in relation to the Criminal Justice and Public Order Act 1994 s.34 had allowed the jury to draw an adverse inference from a failure by the appellant to mention relevant facts in interview when there was no basis for drawing one. Although s.34 was to be given a sensible and workable interpretation, such a direction had to carefully identify the facts that it was said the defendant had failed to mention.

CA (Crim Div) (Stanley Burnton LJ, Henriques J, Foskett J)

01/04/2011