Walton, R. v

Walton, R. v

The trial judge's direction inviting the jury to draw an adverse inference from the appellant's silence in interview was wrong and unfair, as the appellant was not questioned about his silence and no explanation was sought or provided; the convictions are unsafe.

Parties
Appellant: Frederick Wright Walton; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
10 October 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed, convictions quashed, retrial ordered
Legal Topics
Adverse Inference From Silence, Unsafe Conviction, Retrial, Sexual Offences, Judicial Directions
Criminal Law Adverse Inference From Silence Unsafe Conviction Retrial Sexual Offences Judicial Directions

Case Brief

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Parties

Frederick Wright Walton

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in giving an adverse inference direction under section 34 of the Criminal Justice and Public Order Act 1994
  2. 2 Whether the direction rendered the conviction unsafe
  3. 3 Whether the form of the direction was prejudicial

Ratio Decidendi

The trial judge's direction inviting the jury to draw an adverse inference from the appellant's silence in interview was wrong and unfair, as the appellant was not questioned about his silence and no explanation was sought or provided; the convictions are unsafe.

Court Disposition

appeal allowed, convictions quashed, retrial ordered

Orders

  • Convictions on all counts quashed
  • Appellant to be retried on all counts