R v Droudis (No. 11) [2016] NSWSC 1319

R v Droudis (No. 11) [2016] NSWSC 1319

The discussions between the Accused and Monis about whether the Accused's hair or blood may have been left at the crime scene had a direct link to the murder charge and were relevant under s.55 Evidence Act 1995. The competing interpretations advanced by the parties went to the use and weight of the evidence after admission, not to its threshold capacity. The Court was satisfied that the relatively low threshold for capacity to be used as evidence of consciousness of guilt was met, leaving the ultimate use of the evidence to be considered with all the evidence at the fact-finding stage.

Jurisdiction
Australia
Judgment Date
14 September 2016
Procedural Posture
Criminal Judge Alone Murder Trial / Procedural and Other Ruling on Objection to Crown Tender of Recorded Conversations
Outcome
Crown tender admitted in relation to the hair and blood material; no ruling made on the alibi material.
Legal Topics
['admissibility of Recorded Conversations' 'consciousness of Guilt' 'post Offence Conduct' 'relevance Under S.55 Evidence Act 1995' 'forensic Procedures' 'alibi Evidence']
['criminal Law' 'evidence'] ['admissibility of Recorded Conversations' 'consciousness of Guilt' 'post Offence Conduct' 'relevance Under S.55 Evidence Act 1995' 'forensic Procedures' 'alibi Evidence']

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Procedural Posture

Criminal Judge Alone Murder Trial / Procedural and Other Ruling on Objection to Crown Tender of Recorded Conversations

Legal Issues

  1. 1 ["Whether recorded conversations between the Accused and Man Monis about possible explanations for the presence of the Accused's hair and blood at the Werrington crime scene were relevant and admissible." 'Whether the conversations were capable of being used as evidence of consciousness of guilt.' 'Whether the use to be made of alibi-related recorded material should be determined at this ruling stage.']

Ratio Decidendi

The discussions between the Accused and Monis about whether the Accused's hair or blood may have been left at the crime scene had a direct link to the murder charge and were relevant under s.55 Evidence Act 1995. The competing interpretations advanced by the parties went to the use and weight of the evidence after admission, not to its threshold capacity. The Court was satisfied that the relatively low threshold for capacity to be used as evidence of consciousness of guilt was met, leaving the ultimate use of the evidence to be considered with all the evidence at the fact-finding stage.

Court Disposition

Crown tender admitted in relation to the hair and blood material; no ruling made on the alibi material.

Orders

  • ['Admit into evidence MFIs 39, 40 and 41.']