what did R v Cowan establish and what are the give requirements before a jury can draw adverse inferences under s.35 CJPOA 1999
established 5-stage jury direction
(1) burden of proof remains on the prosecution;
(2) defendant has a common law right to silence
(3) silent alone cannot prove guilt
(4) prosecution must still establish a prima facie case
(5) silence can only be 'sensibly attributed' to having no answer that could stand up to cross-examination
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