R v Scott Marsden

R v Scott Marsden

The trial judge erred by giving a section 34 direction permitting the jury to draw an adverse inference against the appellant without identifying any specific facts not mentioned by the appellant but relied on in his defence, and without evidential foundation. This misdirection was material and rendered the conviction unsafe, particularly as it disadvantaged the appellant and advantaged the co-accused.

Parties
Appellant: Scott Marsden; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Conviction quashed; no order for retrial
Legal Topics
Assault Occasioning Actual Bodily Harm, Adverse Inference From Silence, Section 34 Criminal Justice and Public Order Act 1994, Jury Directions, Misdirection
Criminal Law Assault Occasioning Actual Bodily Harm Adverse Inference From Silence Section 34 Criminal Justice and Public Order Act 1994 Jury Directions Misdirection

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Parties

Scott Marsden

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in directing the jury pursuant to section 34 of the Criminal Justice and Public Order Act 1994 regarding adverse inference from the appellant's silence
  2. 2 Whether the conviction is unsafe due to misdirection

Ratio Decidendi

The trial judge erred by giving a section 34 direction permitting the jury to draw an adverse inference against the appellant without identifying any specific facts not mentioned by the appellant but relied on in his defence, and without evidential foundation. This misdirection was material and rendered the conviction unsafe, particularly as it disadvantaged the appellant and advantaged the co-accused.

Court Disposition

Conviction quashed; no order for retrial

Orders

  • Appeal allowed
  • Conviction quashed