Sunday, April 17, 2011


EVIDENCE – admissibility – lies as consciousness of guilt – directions to jury – elements in R v Heyde – alleged lies central to Crown case – perpetuation of lies – requirement of evidence establishing lies – possible circularity when acceptance of lies as consciousness of guilt taken as admission of guilt – danger that evidence demonstrating consciousness of guilt establishes guilt of accused – conduct pointing to guilty mind – unfair prejudice – limitation of evidence – perpetuation of a lie not available as separate evidence of guilt – right to silence – Crown not entitled to reverse onus of proof – directions to exclude or limit its use – need for restraint in presentation of Crown case.
Evidence Act 1995 s 137