McInerney, R. v [2024] EWCA Crim 165 (06 February 2024)
It is impermissible for defence counsel to suggest speculative reasons for a defendant's silence in the absence of supporting evidence; the trial judge was correct to prevent such submissions, and the conviction is safe.
- Citation
- [2024] EWCA Crim 165
- Parties
- Prosecution: Rex; Applicant: Steven McInerney
- Jurisdiction
- England and Wales
- Judgment Date
- 06 February 2024
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
- Outcome
- application dismissed
- Legal Topics
- Adverse Inference From Silence, Jury Directions, Murder, Joint Enterprise, Grounds for Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Steven McInerney
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in preventing defence counsel from suggesting possible reasons for the applicant's silence at trial beyond those supported by evidence
- 2 Whether the conviction is unsafe due to alleged unfairness in summing up and directions to the jury
Ratio Decidendi
It is impermissible for defence counsel to suggest speculative reasons for a defendant's silence in the absence of supporting evidence; the trial judge was correct to prevent such submissions, and the conviction is safe.
Court Disposition
application dismissed
Orders
- renewed application for leave to appeal against conviction is dismissed
- three-day extension of time to apply for leave to appeal is granted
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