R v Darcy (No 4) [2021] NSWSC 683

R v Darcy (No 4) [2021] NSWSC 683

The statements in the later letter were not relevant because they were so non-specific that they provided no evidence of any alternative explanation for the accused's post-offence conduct in attempting to induce Ms Elderfield to lie; they could not rationally affect the assessment of the accused's state of mind in and around January 2020 when the attempted inducement was made.

Jurisdiction
Australia
Judgment Date
04 May 2021
Procedural Posture
Criminal Proceeding for Murder / Procedural Ruling During Trial on Admissibility of Part of a Letter
Outcome
The part of the accused's letter to Ms Elderfield sought to be adduced is inadmissible.
Legal Topics
['relevance' 'admissibility' 'post Offence Conduct' 'consciousness of Guilt' 'state of Mind']
['evidence' 'criminal Law'] ['relevance' 'admissibility' 'post Offence Conduct' 'consciousness of Guilt' 'state of Mind']

Case Brief

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Procedural Posture

Criminal Proceeding for Murder / Procedural Ruling During Trial on Admissibility of Part of a Letter

Legal Issues

  1. 1 ["Whether the accused's statements in a subsequent letter to Ms Elderfield about loving her children, feeling hopeless and not knowing how much more she could fight were relevant and admissible as evidence of her state of mind when she earlier attempted to induce Ms Elderfield to give false evidence." "Whether those statements could provide an alternative explanation for the accused's attempted inducement other than consciousness of guilt."]

Ratio Decidendi

The statements in the later letter were not relevant because they were so non-specific that they provided no evidence of any alternative explanation for the accused's post-offence conduct in attempting to induce Ms Elderfield to lie; they could not rationally affect the assessment of the accused's state of mind in and around January 2020 when the attempted inducement was made.

Court Disposition

The part of the accused's letter to Ms Elderfield sought to be adduced is inadmissible.

Orders

  • ["The part of the accused's letter to Ms Elderfield sought to be adduced is inadmissible."]