CITATION: R v Keli LANE [No 5] [2010] NSWSC 1532 HEARING DATE(S): 09/08/2010 - 13/12/2010
JUDGMENT DATE :
23 August 2010JUDGMENT OF: Whealy J CATEGORY: Procedural and other rulings CASES CITED: R v Edwards (1993) 178 CLR 193
R v Spathis [2001] NSWCCA 476
R v Ray (2003) 57 NSWLR 616
R v Adam (1999) 106 A Crim R 510
R v Cook [2004] NSWCCA 52
R v Lam (2008) 185 A Crim R 453
Healey v R [2008] NSWCCA 229PARTIES: Regina (Crown)
Keli LANE (Accused)FILE NUMBER(S): SC 2009/256171 COUNSEL: M Tedeschi QC / H Baker (Crown)
K Chapple SC / S Sloane (Accused)SOLICITORS: Director of Public Prosecutions (Crown)
K Laurie, Archbold Legal Solutions (Accused)LOWER COURT JURISDICTION: Supreme Court
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST
WHEALY J
MONDAY 23 AUGUST 2010
JUDGMENT – Re admissibility of evidence – see p 552 of transcript2009/256171 REGINA v Keli LANE
1 HIS HONOUR: I trust I do no injustice to the Crown submission by the following summary. The Crown, conscious of the fact that MFI 3 contained introductory directions to the jury, suggested nevertheless that the terms of the direction, particularly in paragraphs 1, 2 and 3, which were directions in connection with the birth of Tegan, and the identity of her male parent, the jury may have got the impression that lies could never be used as evidence in a Crown case of an accused person's guilt. It was for that reason the Crown suggested an addendum.
2 The addendum is in the following terms. It appears after point 4: "In certain circumstances a lie can amount to evidence in the Crown case of the accused's guilt. Whether or not those circumstances may have arisen in this case is relevant to what the Crown says are lies are told after Tegan's birth about the handing over of Tegan".
3 CROWN PROSECUTOR: It should be "in relation to what the Crown says." It should be, "in relation to what the Crown says are lies told after Tegan's birth."
4 HIS HONOUR: There is an error in your draft. I will read it out again just as I think it should be. You correct me if I'm wrong.
5 CROWN PROSECUTOR: Yes, your Honour.
6 HIS HONOUR: "In certain circumstances a lie can amount to evidence in the Crown case of the accused's guilt. Whether or not those circumstances may have arisen in this case in relation to what the Crown says are lies told after Tegan's birth about the handing over of Tegan remains to be decided by me later in the trial."
7 CROWN PROSECUTOR: That's correct.
8 HIS HONOUR: Mr Chapple has submitted that it is premature to give this direction at the present time. Secondly, he argued that the absence of detail, an absence of reference to specific lies will tend to be confusing to the jury and-
9 CHAPPLE: If I may interrupt,…
Keep reading for free
Create a free CaseChat account to read R v Keli LANE [No 5] and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2010] NSWSC 1532
- Decision Date
CaseChat Overview and Summary
The court's reasoning was based on several factors. Firstly, the initial direction provided to the jury was a preparatory one, given at an early stage of the trial, before any evidence had been presented. The purpose of this direction was to prevent the jury from misunderstanding the role of lies in a criminal trial. Secondly, the evidence relating to the lies in question had not yet emerged, and it was not appropriate to provide a more detailed direction at that stage. Finally, the principal authority in this area, R v Edwards, demonstrated the need for caution when providing a direction to the jury regarding the use of lies as evidence of consciousness of guilt. The court concluded that it was not necessary to provide an amended direction at that stage, as the original direction was sufficient and appropriate.
The outcome of the case was that the court decided not to provide the amended direction sought by the Crown, as it was not necessary at that stage of the trial. The court found that the original direction was sufficient to prevent any potential misunderstanding of the Crown's case and that it was not appropriate to provide a more detailed direction before the evidence had been presented. The final orders of the court were that the amended direction sought by the Crown would not be provided to the jury at that stage of the trial.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.