Walton, R. v [2013] EWCA Crim 2536 (10 October 2013)

Walton, R. v [2013] EWCA Crim 2536 (10 October 2013)

The trial judge's direction permitting the jury to draw an adverse inference from the appellant's silence in police interview was wrong and unfair, as the appellant was not questioned about his silence and the jury was invited to consider an adverse inference without knowing his explanation. This rendered the...

Source-derived case information.

Citation
[2013] EWCA Crim 2536
Parties
Appellant: Frederick Wright Walton; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
10 October 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; convictions quashed; retrial ordered
Legal Topics
Adverse Inference, Right to Silence, Judicial Directions, Sexual Offences, Retrial
Criminal Law Adverse Inference Right to Silence Judicial Directions Sexual Offences Retrial

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Summary, issues, holding and outcome

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Parties

Frederick Wright Walton

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in giving a direction permitting the jury to draw an adverse inference from the appellant's silence in police interview
  2. 2 Whether the form of the direction was prejudicial to the appellant

Ratio Decidendi

The trial judge's direction permitting the jury to draw an adverse inference from the appellant's silence in police interview was wrong and unfair, as the appellant was not questioned about his silence and the jury was invited to consider an adverse inference without knowing his explanation. This rendered the convictions unsafe.

Court Disposition

appeal allowed; convictions quashed; retrial ordered

Orders

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