CRIMINAL LAW - Murder - special hearing pursuant to the Mental Health (Forensic Provisions) Act 1990 - where Crown relied upon circumstantial case - necessity to consider the entirety of the circumstantial case in determining whether the accused's commission of the alleged offence was proved beyond reasonable doubt
EVIDENCE - admissions - where evidence that the accused had allegedly admitted to the killing of the deceased - where the person giving evidence of the alleged admission first raised the assertion four years after such admission was allegedly made - whether the evidence of the admission should be excluded on the basis of unfairness.
EVIDENCE - lies - where Crown relied upon lies told by the accused as evidence of consciousness of guilt - whether the statements made by the accused were in fact lies - whether the lies were deliberate - whether the lies were evidence of consciousness of guilt
EVIDENCE - tendency evidence - whether evidence relied upon by the Crown which established tendency on the part of the accused to act aggressively
Case Details
Citation[2013] NSWSC 1102
CourtNSWSC
JurisdictionNew South Wales
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