Wright v The Queen

Wright v The Queen

The omission to follow section 149(2) was an irregularity but not material, as the appellant had been advised of his right to give evidence and the risk of adverse inference; therefore, the conviction was not unsafe.

Parties
Appellant: Dwight Wright; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
30 June 2016
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Adverse Inference, Right to Silence, Procedural Safeguards, Misdirection, Miscarriage of Justice
Criminal Law Adverse Inference Right to Silence Procedural Safeguards Misdirection Miscarriage of Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Dwight Wright

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether failure to comply with section 149(2) of the Police Law 2010 regarding advising the defendant of his right to give evidence and risk of adverse inference renders the conviction unsafe
  2. 2 Whether the judge was permitted to draw an adverse inference from the defendant's failure to give evidence

Ratio Decidendi

The omission to follow section 149(2) was an irregularity but not material, as the appellant had been advised of his right to give evidence and the risk of adverse inference; therefore, the conviction was not unsafe.

Court Disposition

appeal dismissed

Orders

  • conviction upheld