Question
Leonie and Gayle had a loud argument in a supermarket about Leonie allegedly running into Gayle with her shopping trolley. Ken, who had witnessed the
Leonie and Gayle had a loud argument in a supermarket about Leonie allegedly running into Gayle with her shopping trolley. Ken, who had witnessed the argument, approached the two women. He said to Leonie, "You did hit her with your trolley, I saw you." Leonie responded that Ken should mind his own business. Ken walked away. Leonie and Gayle continued to argue.
A fight ensued between Leonie and Gayle. A member of staff called the police. When the police arrived, Gayle was injured and lying on the ground. Leonie was arrested and cautioned on suspicion of assault occasioning actual bodily harm. Leonie was very angry and said nothing on arrest.
At the police station, Leonie was offered a solicitor and she accepted, but when the solicitor arrived, Leonie was still so angry and upset by the incident she could not give a clear account of what had happened. The solicitor advised Leonie to remain silent during the interview, which she did. At the end of the interview, Leonie was bailed to return to the police station the next day for a further interview.
The next day, Leonie and her solicitor handed the police a statement which explained that she had been minding her own business when another woman, whom she now knew as Gayle, started shouting at her for no reason. Leonie also stated that she wasn't sure how Gayle had ended up on the floor but thought that she must have had lost her balance and fallen. Leonie remained silent during the further police interview.
At Leonie's trial for assault occasioning actual bodily harm on Gayle, she gave evidence that Gayle was the aggressor and that she had acted in self-defence, in pushing Gayle and causing her to fall to the floor. Leonie explained that she had not mentioned this before because she was very distraught at the time and concerned that she wouldn't be believed.
Discuss whether any adverse inferences may be drawn against Leonie and, if so, the relevant direction that should be given to the jury.
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