Essa, R v

Essa, R v

The judge's directions on section 34 and the absence of a defence statement were correct and comprehensive; section 11(5) is compatible with Article 6 ECHR; the evidence against the appellant was overwhelming and the conviction was safe.

Parties
Appellant: Daha Essa; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
14 January 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Robbery, Identification Evidence, Right to Silence, Defence Statement, Adverse Inference, Compatibility With European Convention on Human Rights
Criminal Law Robbery Identification Evidence Right to Silence Defence Statement Adverse Inference Compatibility With European Convention on Human Rights

Case Brief

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Parties

Daha Essa

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge's directions on section 34 Criminal Justice and Public Order Act 1994 regarding adverse inference from silence were correct
  2. 2 Whether the absence of a defence statement and the judge's directions on it were proper
  3. 3 Whether section 11(5) Criminal Procedure and Investigation Act 1996 is compatible with Article 6 ECHR

Ratio Decidendi

The judge's directions on section 34 and the absence of a defence statement were correct and comprehensive; section 11(5) is compatible with Article 6 ECHR; the evidence against the appellant was overwhelming and the conviction was safe.

Court Disposition

appeal dismissed

Orders

  • conviction upheld