R v RT

R v RT

The failure to give a negative direction to the jury that they should not draw any adverse inference from the appellant's silence in police interview, in circumstances where the 'no comment' interview was before the jury and the case turned on credibility, was seriously prejudicial and rendered the convictions unsafe.

Parties
Appellant: RT; Respondent: Rex (The Crown)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction, Post Trial
Outcome
appeal allowed; convictions quashed
Legal Topics
Adverse Inferences, Jury Directions, Right to Silence, Sexual Offences, Appeal Out of Time
Criminal Law Adverse Inferences Jury Directions Right to Silence Sexual Offences Appeal Out of Time

Case Brief

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Parties

RT

Appellant

Rex (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction, Post Trial

Legal Issues

  1. 1 Whether the failure to give a McGarry direction (negative direction on adverse inference from silence in police interview) rendered the convictions unsafe
  2. 2 Whether an extension of time to appeal should be granted

Ratio Decidendi

The failure to give a negative direction to the jury that they should not draw any adverse inference from the appellant's silence in police interview, in circumstances where the 'no comment' interview was before the jury and the case turned on credibility, was seriously prejudicial and rendered the convictions unsafe.

Court Disposition

appeal allowed; convictions quashed

Orders

  • Convictions quashed
  • No retrial to be sought