R v Russell (No 2) [2018] NSWSC 797

R v Russell (No 2) [2018] NSWSC 797

The alleged false statements were equally consistent with a desire to avoid apprehension for murder, manslaughter, or serious reckless wounding. Because the only live issue was whether the accused had the intent to kill or cause grievous bodily harm at the time of the stabbing, the falsity of the statements could not support an inference of consciousness of guilt of murder as distinct from stabbing or manslaughter.

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Criminal Trial for Murder Where the Accused Had Pleaded to Manslaughter and the Plea Was Not Accepted / Procedural and Other Ruling on the Use of Allegedly False Statements and an Edwards Direction
Outcome
The Court ruled that the alleged lies could not be used to show or argue consciousness of guilt of murder, but could still be used to show an understanding of what had occurred which may go to intent.
Legal Topics
['allegedly False Statements' 'consciousness of Guilt' 'post Offence Conduct' 'murder and Manslaughter' 'intent' 'intoxication']
['evidence' 'criminal Law'] ['allegedly False Statements' 'consciousness of Guilt' 'post Offence Conduct' 'murder and Manslaughter' 'intent' 'intoxication']

Case Brief

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Procedural Posture

Criminal Trial for Murder Where the Accused Had Pleaded to Manslaughter and the Plea Was Not Accepted / Procedural and Other Ruling on the Use of Allegedly False Statements and an Edwards Direction

Legal Issues

  1. 1 ['Whether statements allegedly made by the accused to police immediately after the stabbing, if accepted as lies in the Edwards sense, could be used to show consciousness of guilt of murder as distinct from stabbing or manslaughter.' 'Whether the statements could still be used to show an understanding of what had occurred which may go to intent.']

Ratio Decidendi

The alleged false statements were equally consistent with a desire to avoid apprehension for murder, manslaughter, or serious reckless wounding. Because the only live issue was whether the accused had the intent to kill or cause grievous bodily harm at the time of the stabbing, the falsity of the statements could not support an inference of consciousness of guilt of murder as distinct from stabbing or manslaughter.

Court Disposition

The Court ruled that the alleged lies could not be used to show or argue consciousness of guilt of murder, but could still be used to show an understanding of what had occurred which may go to intent.

Orders

  • ['Statements made by the accused at the time he was first stopped by police, immediately after the stabbing of the deceased, assuming that they are a lie in the Edwards sense, cannot be used to show or to argue for a consciousness of guilt of murder, as distinct from stabbing or manslaughter.' 'The statements may...