R v Hawkins (No 10) [2020] NSWSC 1931

R v Hawkins (No 10) [2020] NSWSC 1931

The lies told by the accused to police and hospital staff were in the context of him exercising his rights and were merely deflections, not proof of consciousness of guilt. They are intractably neutral and may not be relied upon by the Crown for such a purpose.

Jurisdiction
Australia
Judgment Date
19 October 2020
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Lies excluded as evidence of consciousness of guilt.
Legal Topics
['use of Lies as Evidence' 'consciousness of Guilt' 'self Defence' 'admissibility of Admissions']
['criminal Law' 'evidence'] ['use of Lies as Evidence' 'consciousness of Guilt' 'self Defence' 'admissibility of Admissions']

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Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether lies told by the accused to police and hospital staff may be used by the Crown to demonstrate consciousness of guilt in a murder trial' 'Whether the lies are intractably neutral or indicative of guilt']

Ratio Decidendi

The lies told by the accused to police and hospital staff were in the context of him exercising his rights and were merely deflections, not proof of consciousness of guilt. They are intractably neutral and may not be relied upon by the Crown for such a purpose.

Court Disposition

Lies excluded as evidence of consciousness of guilt.

Orders

  • ['The lies told by the accused to police and to hospital staff in police presence on 9 December 2018 may not be relied upon by the Crown for consciousness of guilt purpose.']