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

Supreme Court New South Wales

Medium Neutral Citation: R v Bryce (No 3) [2014] NSWSC 559 Hearing dates: 28 to 30 April, 1 to 5 and 7 to 9 May 2014 Decision date: 12 May 2014 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: Jury to be instructed in accordance with Edwards v R [1993] HCA 63; 178 CLR 193 in respect of two statements made by the accused. Catchwords: EVIDENCE - lies - consciousness of guilt - "Edwards" direction - approach of trial judge in considering application for direction. Cases Cited: - Edwards v R [1993] HCA 63; 178 CLR 193 - R v Bryce (No 1) [2014] NSWSC 495 - R v Bryce (No 2) [2014] NSWSC 498 - R v Lane [2011] NSWCCA 157; 221 A Crim R 309 - R v Lucas [1981] QB 720; [1981] 2 All ER 1008 - Zoneff v R [2000] HCA 28; 200 CLR 234 Category: Procedural and other rulings Parties: Crown (Prosecutor) John Keith Bryce (Accused) Representation: Counsel: E. Balodis (Crown) P.S. Williams (Accused) Solicitors: Director of Public Prosecutions (Crown) Andrew Scali (Accused) File Number(s): 2012/156908 Publication restriction: Not published until after verdict reached.

Judgment 1On Friday, 9 May 2014, I heard argument in the absence of the jury concerning an application by the Crown that I direct the jury that certain alleged lies told by the accused to the investigating police demonstrated a consciousness of guilt on his part (i.e. an "Edwards direction": Edwards v R [1993] HCA 63; 178 CLR 193 ("Edwards")). The application was opposed by counsel for the accused, Mr P.S. Williams. 2At the conclusion of argument I announced that I would give such a direction in respect of two statements that were identified by the Crown during the course of its submissions. I also announced that in doing so I would refer to three items of evidence as potentially demonstrating that the statements were untrue. I indicated that I would give written reasons shortly. This judgment constitutes those reasons.