R v Tantra (No 1) [2010] NSWSC 394

R v Tantra (No 1) [2010] NSWSC 394

The Crown case could not be said to so lack cogency that a verdict of not guilty should be returned at the close of the Crown case. Although there were issues about the conversations evidence and the timing of the DNA deposits, the DNA evidence was reasonably compelling on its face and there was, at that stage, no explanation for DNA profiles consistent with the accused being found on the deceased's fingernails and on a blood-stained pillow case.

Jurisdiction
Australia
Judgment Date
30 April 2010
Procedural Posture
Criminal Law Murder Special Hearing / Prasad Application After the Close of the Crown Case in a Judge Alone Special Hearing
Outcome
The Court declined the invitation to return a verdict of acquittal at that stage.
Legal Topics
['murder' 'special Hearing' 'unfitness to Be Tried' 'prasad Application' 'circumstantial Evidence' 'dna Evidence']
['criminal Law' 'mental Health and Forensic Procedure' 'evidence'] ['murder' 'special Hearing' 'unfitness to Be Tried' 'prasad Application' 'circumstantial Evidence' 'dna Evidence']

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Procedural Posture

Criminal Law Murder Special Hearing / Prasad Application After the Close of the Crown Case in a Judge Alone Special Hearing

Legal Issues

  1. 1 ['Whether, in a judge-alone special hearing after the close of the Crown case, the Court should return a verdict of not guilty on a Prasad application.' 'Whether the Crown case, including circumstantial evidence and DNA evidence, so lacked cogency that an acquittal should be entered at that stage.']

Ratio Decidendi

The Crown case could not be said to so lack cogency that a verdict of not guilty should be returned at the close of the Crown case. Although there were issues about the conversations evidence and the timing of the DNA deposits, the DNA evidence was reasonably compelling on its face and there was, at that stage, no explanation for DNA profiles consistent with the accused being found on the deceased's fingernails and on a blood-stained pillow case.

Court Disposition

The Court declined the invitation to return a verdict of acquittal at that stage.

Orders

  • ['The invitation to return a verdict of acquittal at this stage is declined.']