Smith, R. v

The judge's section 34 direction was a misdirection as the facts relied on could not properly give rise to an inference of guilt; the conviction is unsafe and must be quashed.

Parties: Appellant: Troy Nicholas Smith; Respondent: Regina
Jurisdiction: England and Wales
Judgment Date: 05 April 2011
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed; conviction quashed
Legal Topics: Adverse Inference, Right to Silence, Jury Directions, Misdirection, Attempted Robbery

Criminal Law Adverse Inference Right to Silence Jury Directions Misdirection Attempted Robbery

Case Brief

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Parties

Troy Nicholas Smith

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the judge's section 34 direction on adverse inference from a 'no comment' police interview was proper
2 Whether the conviction is unsafe due to misdirection

Ratio Decidendi

The judge's section 34 direction was a misdirection as the facts relied on could not properly give rise to an inference of guilt; the conviction is unsafe and must be quashed.

Court Disposition

appeal allowed; conviction quashed

Orders

conviction quashed