R v Tabbakh (2009) EWCA Crim 464

The judge was entitled to rule that it was open to the jury to draw adverse inferences from the fact that the appellant had not given evidence, and that the exception in s35(1)(b) Criminal Justice and Public Order Act 1994 (that it appears to the court that the physical or mental condition of the accused makes it undesirable for him to give evidence) did not apply to him even though he suffered from a mental health condition.

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