R v Gene David SCORRINGE [2009] NSWDC 241

R v Gene David SCORRINGE [2009] NSWDC 241

Because the accused admitted in cross-examination that the three answers were lies, the lies were capable of forming the basis of a Crown submission that they arose from a consciousness of guilt.

Jurisdiction
Australia
Judgment Date
21 April 2009
Procedural Posture
Criminal Jury Trial / Crown Prosecutor's Application to Include a Consciousness of Guilt Argument in Closing Address
Outcome
There is an appropriate basis for a consciousness of guilt submission by the Crown Prosecutor.
Legal Topics
['jury Trial' 'consciousness of Guilt' 'lies' 'closing Address']
['criminal Law' 'evidence' 'criminal Procedure'] ['jury Trial' 'consciousness of Guilt' 'lies' 'closing Address']

Case Brief

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Procedural Posture

Criminal Jury Trial / Crown Prosecutor's Application to Include a Consciousness of Guilt Argument in Closing Address

Legal Issues

  1. 1 ['Whether answers given by the accused in cross-examination, admitted by him to be lies, were capable of forming the basis for a Crown submission that he lied from a consciousness of guilt.' 'Whether a response must be inconsistent with the Crown case and independently demonstrated not to be the case before it can amount to a lie for a consciousness of guilt submission.']

Ratio Decidendi

Because the accused admitted in cross-examination that the three answers were lies, the lies were capable of forming the basis of a Crown submission that they arose from a consciousness of guilt.

Court Disposition

There is an appropriate basis for a consciousness of guilt submission by the Crown Prosecutor.

Orders

  • []