Steer v R [2008] NSWCCA 295

Steer v R [2008] NSWCCA 295

The evidence concerning the bank robbery, including the appellant's statement to the bank teller and the surrounding circumstances showing his perceived need for money to escape consequences of the killing, was admissible as incriminating material and as evidence capable of demonstrating consciousness of guilt. The majority considered the trial judge's Edwards directions on that evidence inadequate because they were not sufficiently tailored to a case where the appellant admitted killing but relied on self-defence and provocation. The evidence of possession of hunting knives should not have been admitted because, absent proof that any of those knives was used, it risked unfair propensity...

Jurisdiction
Australia
Judgment Date
09 December 2008
Procedural Posture
Criminal Appeal Against Conviction for Murder / Appeal to the New South Wales Court of Criminal Appeal
Outcome
Appeal dismissed.
Legal Topics
['consciousness of Guilt' 'admission or Exclusion of Prejudicial Evidence' 'armed Robbery Evidence' 'flight Evidence' 'jury Directions' 'self Defence' 'provocation' 'proviso' 'hunting Knives Evidence']
['criminal Law' 'evidence' 'criminal Appeals'] ['consciousness of Guilt' 'admission or Exclusion of Prejudicial Evidence' 'armed Robbery Evidence' 'flight Evidence' 'jury Directions' 'self Defence' 'provocation' 'proviso' 'hunting Knives Evidence']

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Procedural Posture

Criminal Appeal Against Conviction for Murder / Appeal to the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether evidence of the appellant's armed robbery and proposed flight was admissible as evidence of consciousness of guilt for murder." 'Whether the trial judge gave adequate jury directions about the use that could be made of the armed robbery evidence.' 'Whether evidence that the appellant possessed hunting knives should have been admitted.' 'Whether, if any error occurred, the proviso in s 6(1) Criminal Appeal Act 1912 should be applied.']

Ratio Decidendi

The evidence concerning the bank robbery, including the appellant's statement to the bank teller and the surrounding circumstances showing his perceived need for money to escape consequences of the killing, was admissible as incriminating material and as evidence capable of demonstrating consciousness of guilt. The majority considered the trial judge's Edwards directions on that evidence inadequate because they were not sufficiently tailored to a case where the appellant admitted killing but relied on self-defence and provocation. The evidence of possession of hunting knives should not have been admitted because, absent proof that any of those knives was used, it risked unfair propensity...

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.']