Practice and Procedure

R V TC (2000)

PUBLISHED January 14, 2000

In an appeal against conviction for one offence of rape, in the absence of the judge's direction to the jury not to speculate on the fact that the defence had not called a certain witness, it was apparent that an adverse inference had been drawn by the jury which was capable of rendering the conviction unsafe and it was accordingly quashed.

CA (Crim Div) (Mantell LJ, Klevan J, Judge Martin Stephens QC)