Regina v Lodhi [2006] NSWSC 672

Regina v Lodhi [2006] NSWSC 672

The six alleged lies were not permitted to go to the jury as evidence of consciousness of guilt because there was no immediate independent or separate evidence demonstrating that the accused's statements were lies, the matters were central to the accused's innocent explanations, the jury would have to reason from the general circumstantial case in a circular way to conclude falsity, and using both consciousness-of-guilt and credibility lies risked unfair confusion. The alleged lies could be used only on credibility.

Jurisdiction
Australia
Judgment Date
31 May 2006
Procedural Posture
Criminal Trial / Ruling on Written Directions to the Jury and the Crown's Request to Rely on Alleged Lies as Evidence of Consciousness of Guilt
Outcome
Declined to allow the six alleged lies to be used as evidence of consciousness of guilt; permitted them to be considered only on credibility.
Legal Topics
['lies as Consciousness of Guilt' 'jury Directions' 'credibility' 'circularity' 'fault Elements Under the Criminal Code Act']
['criminal Law' 'evidence'] ['lies as Consciousness of Guilt' 'jury Directions' 'credibility' 'circularity' 'fault Elements Under the Criminal Code Act']

Case Brief

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Procedural Posture

Criminal Trial / Ruling on Written Directions to the Jury and the Crown's Request to Rely on Alleged Lies as Evidence of Consciousness of Guilt

Legal Issues

  1. 1 ['What form of written directions should be given to the jury.' 'Whether six alleged lies by the accused in evidence should be left to the jury as evidence of consciousness of guilt.' "Whether the alleged lies could instead be used only on the issue of the accused's credibility."]

Ratio Decidendi

The six alleged lies were not permitted to go to the jury as evidence of consciousness of guilt because there was no immediate independent or separate evidence demonstrating that the accused's statements were lies, the matters were central to the accused's innocent explanations, the jury would have to reason from the general circumstantial case in a circular way to conclude falsity, and using both consciousness-of-guilt and credibility lies risked unfair confusion. The alleged lies could be used only on credibility.

Court Disposition

Declined to allow the six alleged lies to be used as evidence of consciousness of guilt; permitted them to be considered only on credibility.

Orders

  • ['The form of written directions to go to the jury should be in accordance with MFI 33.' 'The six matters identified by the Crown should not go to the jury as lies evidencing consciousness of guilt.' "The jury may take the alleged lies, if they be lies, into account on the issue of the accused's credibility."]