Where a lie relied upon as showing consciousness of guilt is merely one piece of evidence in the case, no particular standard of proof applies to the finding that the lie was told by reason of consciousness of guilt; the higher standard applies only where the lie is the only evidence or an indispensable link. For acting in concert, 'presence' at the scene does not require proximity to the actual commission of the offence; waiting in a getaway car several hundred metres away in remote bushland is sufficient where the accused is there for a purpose designed to facilitate the crime. A trial judge is not required to leave manslaughter to the jury where the only basis for it would be a hypothetical common purpose not supported by the evidence.
The full text is available to signed-in members, including the 33 later cases that cite this judgment.