R v Smith [No 2] [2011] NSWSC 727

R v Smith [No 2] [2011] NSWSC 727

The telephone conversations were not capable of supporting the Crown case as implied admissions or consciousness of guilt. The information conveyed to the accused did not correspond with the objective evidence or the Crown case concerning Russell Lyons' death, several utterances were inconsistent with an intention to avoid police, and treating the remarks as admissions would involve circular reasoning by first assuming guilt. The evidence was therefore inadmissible.

Jurisdiction
Australia
Judgment Date
23 June 2011
Procedural Posture
Criminal Prosecution for Murder; Evidentiary Admissibility Ruling / Objection to Admissibility of Evidence
Outcome
Objection to evidence upheld.
Legal Topics
['admissibility of Intercepted Telephone Calls' 'consciousness of Guilt' 'implied Admissions' 'unfair Prejudice' 'evidence Act S 137']
['criminal Law' 'evidence'] ['admissibility of Intercepted Telephone Calls' 'consciousness of Guilt' 'implied Admissions' 'unfair Prejudice' 'evidence Act S 137']

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Procedural Posture

Criminal Prosecution for Murder; Evidentiary Admissibility Ruling / Objection to Admissibility of Evidence

Legal Issues

  1. 1 ['Whether three telephone conversations involving the accused were admissible as evidence of consciousness of guilt or implied admissions.' 'Whether the evidence should be excluded pursuant to s 137 of the Evidence Act because its probative value was outweighed by the danger of unfair prejudice.']

Ratio Decidendi

The telephone conversations were not capable of supporting the Crown case as implied admissions or consciousness of guilt. The information conveyed to the accused did not correspond with the objective evidence or the Crown case concerning Russell Lyons' death, several utterances were inconsistent with an intention to avoid police, and treating the remarks as admissions would involve circular reasoning by first assuming guilt. The evidence was therefore inadmissible.

Court Disposition

Objection to evidence upheld.

Orders

  • ['The objection to the admissibility of the three telephone calls upon which the Crown seeks to rely is upheld.' 'The evidence is excluded.']