R v Bryce (No 3) [2014] NSWSC 559

R v Bryce (No 3) [2014] NSWSC 559

The Court determined that, based on the nature and circumstances of the accused's statements and corroborating independent evidence, the statements were capable of being found deliberately false and related to material issues. Therefore, the jury should be instructed in accordance with Edwards v R regarding using such lies as indicating consciousness of guilt.

Jurisdiction
Australia
Judgment Date
12 May 2014
Procedural Posture
Criminal / Mid Trial Evidentiary Ruling
Outcome
Jury to be instructed in accordance with Edwards v R regarding two statements made by the accused indicating consciousness of guilt.
Legal Topics
['lies' 'consciousness of Guilt' 'edwards Direction']
['evidence' 'criminal Law'] ['lies' 'consciousness of Guilt' 'edwards Direction']

Case Brief

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Procedural Posture

Criminal / Mid Trial Evidentiary Ruling

Legal Issues

  1. 1 ["Whether alleged lies by the accused to police were capable of constituting evidence of consciousness of guilt warranting an 'Edwards direction' to the jury"]

Ratio Decidendi

The Court determined that, based on the nature and circumstances of the accused's statements and corroborating independent evidence, the statements were capable of being found deliberately false and related to material issues. Therefore, the jury should be instructed in accordance with Edwards v R regarding using such lies as indicating consciousness of guilt.

Court Disposition

Jury to be instructed in accordance with Edwards v R regarding two statements made by the accused indicating consciousness of guilt.

Orders

  • ['Jury to be instructed in accordance with Edwards v R [1993] HCA 63; 178 CLR 193 concerning two identified statements by the accused.']