R v WBS

The appellant, WBS, appealed against his conviction for maintaining an unlawful sexual relationship with a child under 16 and other sexual offences. The case came before the court on the basis that the trial judge failed to adequately direct the jury on the issue of consciousness of guilt, particularly in relation to Snapchat messages sent by the appellant to the complainant. The appellant argued that the trial judge should have directed the jury against the use of consciousness of guilt reasoning and the prerequisites of such reasoning, leading to a miscarriage of justice.

The central legal issue was whether the trial judge erred in not directing the jury against the use of consciousness of guilt in interpreting the Snapchat messages. The court considered whether such a direction was necessary and whether the absence of it led to a miscarriage of justice. The court also examined whether the trial judge should have outlined the prerequisites of consciousness of guilt reasoning to the jury.

The court found that the trial judge did not err in not directing the jury against consciousness of guilt reasoning as there was no basis for such a direction in the evidence presented. The court held that the Snapchat messages did not inherently demonstrate consciousness of guilt, but rather were part of a broader pattern of behaviour that the Crown sought to use to prove the appellant's guilt. The court concluded that the failure to direct the jury on the prerequisites of consciousness of guilt did not amount to a miscarriage of justice, as the jury was sufficiently guided by the trial judge's overall directions.

The appeal was allowed, the convictions set aside, and the appellant ordered to be retried.