Wright (Appellant) v The Queen (Respondent) (Cayman Islands)

Wright (Appellant) v The Queen (Respondent) (Cayman Islands)

The failure to follow the section 149(2) procedure was an irregularity but not a material one in this case, as it was clear the appellant had been advised of his right to give evidence and the risk of adverse inference, and there was no unfairness or miscarriage of justice.

Citation
[2016] UKPC 18
Parties
Appellant: Dwight Wright; Respondent: The Queen
Jurisdiction
United Kingdom
Judgment Date
30 June 2016
Procedural Posture
Criminal Appeal / Final Appeal (privy Council)
Outcome
appeal dismissed
Legal Topics
Adverse Inference From Silence, Right to Fair Trial, Procedural Safeguards, Failure to Give Evidence
Criminal Law Evidence Adverse Inference From Silence Right to Fair Trial Procedural Safeguards Failure to Give Evidence

Case Brief

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Parties

Dwight Wright

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Final Appeal (privy Council)

Legal Issues

  1. 1 Whether failure to comply with section 149(2) of the Police Law 2010 (Cayman Islands) requiring the judge to satisfy himself in open court that the defendant was advised of his right to give evidence and the risk of adverse inference renders the conviction unsafe
  2. 2 Whether the adverse inference drawn from the appellant's silence was permissible in the absence of the section 149(2) procedure

Ratio Decidendi

The failure to follow the section 149(2) procedure was an irregularity but not a material one in this case, as it was clear the appellant had been advised of his right to give evidence and the risk of adverse inference, and there was no unfairness or miscarriage of justice.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld