Marsden, R. v [2023] EWCA Crim 1610 (16 November 2023)
The trial judge erred by giving a section 34 direction without identifying any specific facts the appellant failed to mention when questioned, and without evidential foundation for such a direction. This misdirection unfairly disadvantaged the appellant and advantaged the co-accused, rendering the conviction unsafe.
- Citation
- [2023] EWCA Crim 1610
- Parties
- Prosecution: Rex; Appellant: Scott Marsden
- Jurisdiction
- England and Wales
- Judgment Date
- 16 November 2023
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- conviction quashed
- Legal Topics
- Adverse Inference, Jury Directions, Section 34 Criminal Justice and Public Order Act 1994, Misdirection, Assault Occasioning Actual Bodily Harm
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Scott Marsden
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in giving a section 34 direction permitting the jury to draw an adverse inference against the appellant for failure to mention facts when questioned
- 2 Whether the conviction is unsafe due to misdirection regarding adverse inference
Ratio Decidendi
The trial judge erred by giving a section 34 direction without identifying any specific facts the appellant failed to mention when questioned, and without evidential foundation for such a direction. This misdirection unfairly disadvantaged the appellant and advantaged the co-accused, rendering the conviction unsafe.
Court Disposition
conviction quashed
Orders
- appeal allowed
- conviction quashed
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