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

1/32