Adverse Inferences from Silence and Negligent Legal Advice R v Good (Alfie) [2016] EWCA Crim 1054

摘要

Following trial, the appellant, a man aged 21 at the time of the relevant events, was convicted of one offence of assault occasioning actual bodily harm, contrary to s. 47 of the Offences Against the Person Act 1861. The Crown's case was that, in an extremely inebriated state, the appellant entered the victim's taxi, gave an address that was either wrong or misunderstood by the victim, and fell asleep once the taxi was in motion. The Crown said that the appellant was taken to that incorrect address and, upon arrival, the driver asked for the fare, whereupon the appellant said that he had no money. The driver proceeded to retrace his route with a view to delivering the appellant back whence he had been collected. The appellant became aggressive during the return journey and the victim decided to eject him sooner, but upon stopping the taxi the appellant refused to alight. A physical struggle ensued as the victim pulled the appellant from the vehicle. Once outside the taxi the appellant became very violent and delivered multiple punches and kicks to the 68-year-old victim. The medical evidence was that the victim sustained a broken finger, multiple abrasions and lacerations, multiple bruises and swelling, and a bite mark to one shoulder.