R v J Lucas; R v B Lucas (No 2) [2022] NSWSC 1808

R v J Lucas; R v B Lucas (No 2) [2022] NSWSC 1808

The evidence that Benjamin Lucas damaged his computer after being told of a terrorism-related police raid had the potential to be regarded by the jury as evidencing consciousness of guilt of count 3. Although alternative explanations and the risk of bootstrapping existed, those matters could be addressed by careful directions and did not prevent the Crown from leading the evidence or opening on it.

Jurisdiction
Australia
Judgment Date
23 February 2022
Procedural Posture
Criminal Procedural Ruling / Objection to Evidence Being Relied Upon by Prosecution to Prove Alleged Consciousness of Guilt
Outcome
Objection to the evidence not sustained; evidence admitted for use by the prosecution to prove consciousness of guilt.
Legal Topics
['consciousness of Guilt' 'destruction of Computer and Hard Drive' 'bootstrapping' 'circumstantial Evidence' 'jury Directions']
['evidence' 'criminal Law'] ['consciousness of Guilt' 'destruction of Computer and Hard Drive' 'bootstrapping' 'circumstantial Evidence' 'jury Directions']

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Procedural Posture

Criminal Procedural Ruling / Objection to Evidence Being Relied Upon by Prosecution to Prove Alleged Consciousness of Guilt

Legal Issues

  1. 1 ['Whether evidence that Benjamin Lucas damaged his computer could be relied upon by the prosecution as evidence of consciousness of guilt of count 3.' 'Whether alternative explanations for the conduct should prevent the evidence being placed before the jury.' 'Whether the danger of bootstrapping made the evidence inadmissible or unsuitable for Crown submission.']

Ratio Decidendi

The evidence that Benjamin Lucas damaged his computer after being told of a terrorism-related police raid had the potential to be regarded by the jury as evidencing consciousness of guilt of count 3. Although alternative explanations and the risk of bootstrapping existed, those matters could be addressed by careful directions and did not prevent the Crown from leading the evidence or opening on it.

Court Disposition

Objection to the evidence not sustained; evidence admitted for use by the prosecution to prove consciousness of guilt.

Orders

  • ['The evidence can be led.' 'The Crown should be permitted to open in that way.' 'The objection to the evidence is not sustained.']