What are the consequences of the failure of the accused to testify?
Ontario, Canada
The following excerpt is from McConnell and Beer v. R., 1967 CanLII 37 (ON CA):
It is to be observed however, that in this case the words used by the trial Judge and which are reported at p. 56, were taken from a general discussion of the evidence and come, I think, under the principles established in Wright v. The King, which I have quoted, that is, they are not direct comments on the failure of the accused to testify.
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