Practice and Procedure

R v TAI DI WEN (2010)

PUBLISHED February 8, 2010

[2010] EWCA Crim 342

A trial judge had a discretion to comment on the absence of evidence from witnesses who did not appear, provided that he did so fairly and was aware of the danger of adverse comments, in particular of the danger of failing to warn the jury not to speculate about the evidence of absent witnesses.

CA (Crim Div) (Rix LJ, Stadlen J, Cranston J)