Pointer, R. v [1997] EWCA Crim 926 (17 April 1997)

Pointer, R. v [1997] EWCA Crim 926 (17 April 1997)

The judge's direction to the jury was clear that no adverse inference should be drawn from the appellant's silence, section 34 did not apply, and the identification evidence was for the jury to assess; there was no reason to regard the conviction as unsafe.

Citation
[1997] EWCA Crim 926
Parties
Prosecution: Regina; Appellant: John Pointer
Jurisdiction
England and Wales
Judgment Date
17 April 1997
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction Appeal
Outcome
appeal dismissed
Legal Topics
Conspiracy to Supply Controlled Drugs, Admissibility of Interview Evidence, Drawing Adverse Inferences From Silence, Police and Criminal Evidence Act Codes of Practice, Identification Evidence
Criminal Law Conspiracy to Supply Controlled Drugs Admissibility of Interview Evidence Drawing Adverse Inferences From Silence Police and Criminal Evidence Act Codes of Practice Identification Evidence

Case Brief

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Parties

Regina

Prosecution

John Pointer

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction Appeal

Legal Issues

  1. 1 Whether the judge erred in permitting the jury to hear that the defendant had been interviewed and to draw an adverse inference from his silence
  2. 2 Whether there was a breach of the Codes of Practice in relation to police interviews
  3. 3 Whether section 34 of the Criminal Justice and Public Order Act 1994 applied to the facts

Ratio Decidendi

The judge's direction to the jury was clear that no adverse inference should be drawn from the appellant's silence, section 34 did not apply, and the identification evidence was for the jury to assess; there was no reason to regard the conviction as unsafe.

Court Disposition

appeal dismissed