R v Russell (No 2) [2018] NSWSC 797

Supreme Court New South Wales

Medium Neutral Citation: R v Russell (No 2) [2018] NSWSC 797 Hearing dates: 15, 16, 19-23 March 2018 Date of orders: 23 March 2018 Decision date: 23 March 2018 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: (1) Statements made by the accused at the time he was first stopped by police, immediately after the stabbing of the deceased, assuming that they are a lie in the Edwards sense, cannot be used to show or to argue for a consciousness of guilt of murder, as distinct from stabbing or manslaughter.

(2) The statements may still be used to show an understanding of what had occurred which may still go to intent. Catchwords: EVIDENCE – allegedly false statements – where lies that may be used as consciousness of guilt – trial for murder for which accused pleaded to manslaughter – plea not accepted – lies cannot be used as consciousness of guilt for murder – discussion of The Queen v Baden-Clay [2016] 258 CLR 308; [2016] HCA 35 Cases Cited: Carr v Baker (1936) 36 SR (NSW) 301 Edwards v The Queen (1993) 178 CLR 193 Farah Constructions v Say-Dee (2007) 230 CLR 89; [2007] HCA 22 The Queen v Baden-Clay [2016] 258 CLR 308; [2016] HCA 35 The Queen v Ciantar (2006) 16 VR 26; (2006) VSCA 263 The Queen v White [1998] 2 SCR 72 Category: Procedural and other rulings Parties: Regina (Crown) Kevin James Russell (Accused) Representation: Counsel: W Creasey SC (Crown) A Webb (Accused)