Wainwright, R. v [2021] EWCA Crim 122 (04 February 2021)
The trial judge's decision to give both a section 34 direction and a Lucas direction was justified by the distinct factual bases for the appellant's lies and his silence; the directions as given were fair, provided all necessary protections, and did not render the conviction unsafe.
- Citation
- [2021] EWCA Crim 122
- Parties
- Appellant: Robert Wainwright; Respondent: Regina
- Jurisdiction
- England and Wales
- Judgment Date
- 04 February 2021
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Conviction
- Outcome
- application for leave to appeal against conviction dismissed
- Legal Topics
- Murder, Joint Enterprise, Adverse Inferences, Jury Directions, Lies and Credibility, Section 34 Criminal Justice and Public Order Act 1994, Lucas Direction
Case Brief
Summary, issues, holding and outcome
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Parties
Robert Wainwright
Appellant
Regina
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in giving both a section 34 direction and a Lucas direction to the jury
- 2 Whether the directions as given were inadequate or prejudicial to the appellant's defence
- 3 Whether the conviction is unsafe due to the directions given
Ratio Decidendi
The trial judge's decision to give both a section 34 direction and a Lucas direction was justified by the distinct factual bases for the appellant's lies and his silence; the directions as given were fair, provided all necessary protections, and did not render the conviction unsafe.
Court Disposition
application for leave to appeal against conviction dismissed
Full Case Text
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