R v Holmes (No 3) [2020] NSWSC 137

Supreme Court New South Wales

Medium Neutral Citation: R v Holmes (No 3) [2020] NSWSC 137 Hearing dates: 10, 11, 12, 13, 14, 17, 18 February 2020 Date of orders: 18 February 2020 Decision date: 18 February 2020 Jurisdiction: Common Law Before: Campbell J Decision: (1) I propose to give the jury a general direction as to lies, but not lies as consciousness of guilt. That general direction will be related specifically to the exchange between Mr Wood and Mr Holmes after the event relied upon by the prosecution. (2) I do not regard Mr Holmes account on the ERISP as providing an evidential foundation for leaving excessive self-defence to the jury. I am of the view that there is nothing in the evidence generally to suggest that Mr Holmes assaulted Mr Hadden on the foreshore because he believed it was necessary to do so to defend himself. I note that the case has been conducted on the common ground that the plea of guilty to manslaughter forecloses any consideration of self-defence as a complete defence. Catchwords: CRIMINAL LAW – directions to jury – lies as supporting an inference of guilt – general direction as to lies – whether excessive self-defence should be left to the jury – no evidentiary foundation for supporting excessive self-defence Cases Cited: Edwards v The Queen (1993) 178 CLR 193 Zoneff v The Queen (2000) 200 CLR 234; [2000] HCA 28 Broadhurst v The Queen [1964] AC 441 Bullard v The Queen (1957) AC 365 Gammage v The Queen (1969) 122 CLR 444; 1969 HCA 68 Peacock v The King (1911) 13 CLR 619 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Category: Procedural rulings Parties: Regina (Crown) S. Holmes (Accused) Representation: Counsel: L Carr (Crown) P Krisenthal (Accused)