| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
No. 1505 of 2003
| THE QUEEN |
| v |
| CUONG QUOC LAM & ORS |
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JUDGE: | Redlich J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 24 January 2005 to 19 September 2005 | |
DATE OF RULING: | 24 May 2005 | |
CASE MAY BE CITED AS: | R v Lam & Ors | |
MEDIUM NEUTRAL CITATION: | [2005] VSC 292 | |
RULING NO. 18
Lies by accused evidencing a consciousness of guilt – Lie must be demonstrably false –– must be compelling and prominent hypothesis - whether inference of consciousness of guilt open where competing hypotheses.
Circularity of reasoning – “Boot straps” argument – Whether lie or facts establishing lie an indispensable link in a chain of reasoning – Centrality of facts to accused’s defence –Whether implied admission in relation to offence charged
Standard of proof as to implied admissions – Joint trial – Lies by a number of accused.
APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr M. Dean S.C. with Mr P. Southey | Mr S. Carisbrooke, Acting Solicitor for Public Prosecutions |
| For Cuong Quoc Lam | Mr S. Grant | Michael Gleeson & Associates |
| For Hung Tu Van | Mr A. Jackson | Haines & Polities |
| For Linh Van Nguyen | Mr D. Brustman | Valos Black & Associates |
| For Thanh Nha Nguyen | Mr F. Gucciardo | Theo Magazis & Associates |
| For Long Thanh Tran | Mr G. Mullaly | Victoria Legal Aid |
| For Hong Bui | Mr J. Saunders | Valos Black & Associates |
| For Hoang Tran | Mr M. Rochford | Brendan Wilkinson |
HIS HONOUR:
Lies said to evidence a consciousness of guilt
The prosecution seeks to rely upon a number of alleged implied admissions of guilt made by six of the accused to police in their video interviews or statements. In a document dated 3 May 2005 the prosecution set out 47 alleged lies, 29 of which were said to support an inference that these alleged lies were told out of a consciousness of guilt of the crime with which the accused have been charged. With two exceptions, defence counsel disputed that any of the answers were clear lies or that an inference of a consciousness of guilt could be inferred from such statements. During the course of subsequent submissions the prosecution refined its position a number of times conceding that some of the lies should be left to the jury only as going to the credit of the particular accused and abandoning a number of lies as capable of supporting an inference of a consciousness of guilt. The prosecution also reformulated the wording of a number of the lies upon which it continued to rely.
Subsequent to the oral argument, by a further document filed and dated 17 May 2005, the prosecution further refined its position as to the lies which it submitted were capable of evidencing a consciousness of guilt. The prosecution now relied upon the following 13 lies as supporting an inference of a consciousness of guilt.
Cuong Lam
1.(3).[1] The lie as to how he came to be armed in Daly Street; (video…
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- AGLC
- R v Lam (No 18) [2005] VSC 292
- Case
- [2005] VSC 292
- Decision Date
CaseChat Overview and Summary
The primary legal issue was the extent to which lies told by an accused, which evidence a consciousness of guilt, can be used to establish guilt. The court needed to decide if such lies could be admitted as evidence when they were demonstrably false, prominent, and formed a compelling hypothesis. Additionally, the court examined whether the lies could be considered an indispensable link in a chain of reasoning, especially when other hypotheses could explain the same facts. Another issue was whether an implied admission regarding the offence charged could be inferred from the lies, and if so, what standard of proof should apply.
The court held that lies told by an accused, which evidence a consciousness of guilt, could be admitted as evidence if they were demonstrably false, prominent, and formed a compelling hypothesis. However, the court emphasised that this should not lead to a circular or "bootstrap" argument, where the lie itself is both the evidence and the proof of guilt. The court noted that the centrality of the facts to the accused's defence was critical in determining admissibility. In the context of a joint trial, the court held that lies by multiple accused persons could be considered, but the standard of proof required for an implied admission must be carefully assessed to avoid prejudice. The appeal was dismissed, maintaining the convictions of the appellants.
The final orders of the court were to dismiss the appeal, thereby upholding the convictions of Lam and his co-accused on the drug-related offences. The court's reasoning reinforced the principles regarding the admissibility of lies as evidence of a consciousness of guilt, while cautioning against the use of such lies in a manner that could lead to circular reasoning or prejudice in a joint trial.
Orders
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