R v Max Angus Ensor
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE AIKENS |
| Judgment Date | 05 November 2009 |
| Neutral Citation | [2009] EWCA Crim 2519 |
| Docket Number | No: 200806537/C3 |
| Court | Court of Appeal (Criminal Division) |
| Date | 05 November 2009 |
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2 cases
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Jordan Dixon v R
...an adverse inference from his failure to give evidence. Moreover, the judge's approach was legally faulty in that he had wrongly relied on R v Ensor [2010] 1 Cr App R 18. The correctness of that decision was called into question. 33 The second ground was that there was now fresh evidence av......
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R v Jordan Dixon
...inferences from the failure to give evidence was wrong in law; part of the contention was that the judge had relied on R v EnsorMHLR[2010] MHLR 4, [2010] 1 CrAppR 18, which set out an incorrect test; it was also submitted that fresh evidence indicated that it was oppressive to allow an adve......
3 books & journal articles
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The interpretation and application of the right to effective participation
...between effective participation and fitness to plead.54In44. RvFriend [2004] EWCA Crim 2661.45. RvFriend [1997], n. 43; RvEnsor [2009] EWCA Crim 2519; RvTabbakh [2009] EWCA Crim 464; RvD[2013] EWCACrim 465; RvMulindwa [2017] EWCA Crim 416.46. See, for example, RvFriend [2004], n. 44.47. RvM......
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Unfit to Plead or Unfit to Testify? R v Orr [2016] EWCA Crim 889
...has been appliedvery restrictively (see, for example, R (on the application of DPP) vKavanagh [2005] EWHC 820(Admin); RvEnsor [2009] EWCA Crim 2519; RvD[2013] EWCA Crim 465). Thus, the grey area inwhich a defendant can be fit to plead, yet suffer from a mental or physical condition which ma......
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Vulnerable Defendants and the Right to Silence
...for a defendant to testify (see, for example, Friend;R (on the appli-cation of DPP) vKavanagh [2005] EWHC 820 (Admin); RvEnsor [2009] EWCA Crim 2519; [2013] EWCA Crim 465). The decision in O’Donnell indicates that a restrictive approach does not, inprinciple, infringe Article 6. The decisio......