Consciousness of guilt is a mode of reasoning which allows for the finder of fact, whether that be a jury or judge sitting alone over a criminal trial, to view certain evidence as demonstrating an accused person’s awareness of their guilt for the offence that they are charged with, which would make it more likely that an accused committed an offence beyond reasonable doubt.
Broadly speaking, evidence of the accused’s consciousness of guilt is usually highly probative evidence which usually involves the accused either lying, fleeing the jurisdiction to avoid criminal prosecution, or destroying or damaging evidence which would demonstrate their involvement in committing a criminal offence.
Some common examples of consciousness of guilt evidence may include evidence which suggests the accused destroyed important evidence such as documents, hard drives and computers, or attempting to flee the jurisdiction in advance of being criminally charged.
There are some limitations on the admissibility of evidence demonstrating a consciousness of guilt. The landmark decision on consciousness of guilty is Edwards v The Queen (1993) 178 CLR 193. The case directs that the relevant conduct establishing consciousness of guilty must be precisely identified and proved by evidence; it must be concerned with some circumstance or event connected with the offence; and it must be carried out in circumstances in which the explanation for the conduct is a realisation of guilt on the part of the accused.
Usually, the Prosecution rely on evidence which demonstrates an accused consciousness of guilt so that they can make a submission to the jury or decision-maker at the close of a criminal case about the accused’s awareness of their criminal responsibility.
An accused’s lawyer will usually be put on notice that the Prosecution intend to make a consciousness of guilt submission, and the accused can consider making an application to the court to preclude the Prosecution from making a submission, or leading the evidence, which would suggest a consciousness of guilt.
Your lawyer would advise you on any benefits or risks in making an application to exclude consciousness of guilt evidence, after informed of the whole prosecution case.
Should you or someone you know be charged with an offence, it is essential you receive legal advice from an experienced criminal defence lawyer at any early stage. To discuss your options, call Hugo Law Group in Sydney, NSW (02 9696 1361), Canberra (02 5104 9640), Perth (08 6255 6909) or Northern NSW (02 5552 1902) to make an appointment to speak to one of our lawyers.
