Morgan, R v [2001] EWCA Crim 445 (28th February, 2001)

Morgan, R v [2001] EWCA Crim 445 (28th February, 2001)

The Recorder's directions, though not verbatim, adequately conveyed the substance of the JSB standard and relevant case law, ensuring the jury only drew adverse inference from silence if satisfied it was for a non-innocent reason; thus, there was no misdirection or breach of Article 6.

Citation
[2001] EWCA Crim 445
Parties
Respondent: Regina; Appellant: Nigel Malcolm Morgan
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Adverse Inference From Silence, Section 34 Criminal Justice and Public Order Act 1994, Judicial Directions, Right to Silence, Human Rights Article 6
Criminal Law Adverse Inference From Silence Section 34 Criminal Justice and Public Order Act 1994 Judicial Directions Right to Silence Human Rights Article 6

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Parties

Regina

Respondent

Nigel Malcolm Morgan

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge's direction on adverse inference from silence under s.34 Criminal Justice and Public Order Act 1994 was adequate
  2. 2 Whether failure to follow Judicial Studies Board standard direction amounted to misdirection
  3. 3 Whether there was a breach of Article 6 of the Human Rights Convention

Ratio Decidendi

The Recorder's directions, though not verbatim, adequately conveyed the substance of the JSB standard and relevant case law, ensuring the jury only drew adverse inference from silence if satisfied it was for a non-innocent reason; thus, there was no misdirection or breach of Article 6.

Court Disposition

Appeal dismissed