Where the same conduct forms both a separate count and consciousness of guilt evidence for a principal offence, no special direction is required that the consciousness of guilt inference be proved beyond reasonable doubt, provided the evidence is not the only evidence of an essential element of the principal offence. The standard Shepherd v The Queen chain/cable distinction governs. When accumulating sentences, a sentencing judge is not obliged to find special circumstances under s 44 to vary the non-parole period ratio, but should demonstrate awareness of the impact of accumulation; the majority and Hamill J disagreed on whether the sentencing remarks in this case demonstrated such awareness.
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