R v Yout

[2012] SASCFC 1

South Australia Full Court

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Interrogate

Catchwords

1. Criminal Law
2. › Defence matters
3. › Self-defence
4. › Joint enterprise to commit violence
5. › Whether self-defence available where appellant willingly engaged in combat
6. › Criminal Law Consolidation Act 1935 (SA), s 15
1. Criminal Law
2. › Evidence
3. › Lies by accused
4. › Consciousness of guilt
5. › Whether lies told to police capable of amounting to evidence of guilt
6. › Whether directions on lies adequate
1. Criminal Law
2. › Evidence
3. › Burden of proof
4. › Direction to jury
5. › Whether trial judge reversed onus of proof in direction concerning record of interview
1. Criminal Law
2. › Appeal and new trial
3. › Misdirection and non-direction
4. › Expression of judge's own opinion
5. › Whether judge usurped jury's function by identifying evidence going to identity

Quick Take

Self-defence is not available where the accused willingly engaged in combat as part of a joint enterprise to commit violence, absent any suggestion of an agreement between the groups as to the level of violence and a departure from its terms. Elaborate false denials to police that account for the accused's movements in a way that cannot be verified and are persisted in for a significant period are capable of amounting to evidence of consciousness of guilt, not merely affecting credibility.