R v Alissa Danks

R v Alissa Danks

The judge's directions regarding the relevance of the second interview topics were appropriate and did not result in improper adverse inference. The applicant's criticisms of the judge's conduct, prosecution speech, and summing up are unarguable. There was ample evidence of guilt and the conviction is not unsafe.

Parties
Prosecution: Rex; Applicant: Alissia Danks
Jurisdiction
England and Wales
Judgment Date
19 December 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
renewed application for leave to appeal against conviction refused
Legal Topics
Conspiracy, Handling Stolen Goods, Adverse Inference, Police Interview Procedure, Judicial Directions, Fair Trial
Criminal Law Conspiracy Handling Stolen Goods Adverse Inference Police Interview Procedure Judicial Directions Fair Trial

Case Brief

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Parties

Rex

Prosecution

Alissia Danks

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge erred in directing the jury regarding the relevance of topics in the second police interview
  2. 2 Whether the judge erred in allowing the topics of the second interview to be introduced via re-examination
  3. 3 Whether the prosecution speech breached the law governing adverse inferences in relation to a 'no comment' interview

Ratio Decidendi

The judge's directions regarding the relevance of the second interview topics were appropriate and did not result in improper adverse inference. The applicant's criticisms of the judge's conduct, prosecution speech, and summing up are unarguable. There was ample evidence of guilt and the conviction is not unsafe.

Court Disposition

renewed application for leave to appeal against conviction refused

Orders

  • Leave to appeal against conviction is refused