R v Keli LANE [No 13] [2010] NSWSC 1540

R v Keli LANE [No 13] [2010] NSWSC 1540

The alleged lies of the accused (including the Morris/Norris explanations and the 'Perth couple' lie) cannot be left to the jury as evidence of consciousness of guilt or as implied admissions of murder, due to lack of independent evidence proving they are lies, core status in the defence case, and risk of unfair prejudice and circular reasoning. The perpetuation of such stories similarly cannot be used as evidence of guilt or to eliminate alternative explanations. The Crown is restricted to using such lies and conduct only on the issue of credibility, not as evidence of guilt or consciousness of guilt. Directions to the jury must reflect these limitations, and the Crown is precluded from...

Jurisdiction
Australia
Judgment Date
03 November 2010
Procedural Posture
Criminal / Interlocutory Application/ruling During Trial
Outcome
Application determined; orders made limiting Crown reliance on alleged lies and conduct as evidence of guilt
Legal Topics
['admissibility of Evidence' 'lies as Consciousness of Guilt' 'directions to Jury' 'onus of Proof' 'tendency Evidence']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'lies as Consciousness of Guilt' 'directions to Jury' 'onus of Proof' 'tendency Evidence']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application/ruling During Trial

Legal Issues

  1. 1 ['Whether alleged lies told by the accused can be left to the jury as evidence of consciousness of guilt for the offence of murder' 'Whether conduct such as perpetuation of lies, or disinterest in investigation, can be used as evidence pointing to guilt' 'Appropriate directions to jury regarding use of lies and conduct' 'Whether use of such evidence risks circular or prejudicial reasoning']

Ratio Decidendi

The alleged lies of the accused (including the Morris/Norris explanations and the 'Perth couple' lie) cannot be left to the jury as evidence of consciousness of guilt or as implied admissions of murder, due to lack of independent evidence proving they are lies, core status in the defence case, and risk of unfair prejudice and circular reasoning. The perpetuation of such stories similarly cannot be used as evidence of guilt or to eliminate alternative explanations. The Crown is restricted to using such lies and conduct only on the issue of credibility, not as evidence of guilt or consciousness of guilt. Directions to the jury must reflect these limitations, and the Crown is precluded from...

Court Disposition

Application determined; orders made limiting Crown reliance on alleged lies and conduct as evidence of guilt

Orders

  • ['Crown may not rely upon alleged lies as evidence of consciousness of guilt or as implied admissions for the murder charge' "Alleged lies and perpetuation of lies are relevant only to accused's credibility, not as evidence of guilt" 'Crown submissions are restricted so as not to reverse the onus of proof or invite...