[2004] EWCA Crim 2266

Where the defendant had given a largely no comment interview other than to deny possessing drugs, but at trial had admitted possession of the drugs for his own personal use it had been incumbent on the judge to give a Lucas direction after he decided he would give a s.34 Criminal Justice and Public Order 1994 direction. Failure to give such a direction may have led the jury to think they could rely on the defendant's lies as evidence of his guilt.

CA (Crim Div) (Mance LJ, Jackson J, Judge Openshaw QC)


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