If a magistrate is unwilling to draw an inference at the conclusion of the Crown case, the magistrate is entitled to hold that a prima facie case has not been made out. The failure of the defendant to give evidence cannot be used to establish the inference that forms the basis of the prima facie case.
The Court held that a blanket refusal by an accused to answer police questions does not necessarily support an inference of guilt, and a magistrate's refusal to draw such an inference cannot be overturned as an error of law by a reviewing court directing conviction.
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