R v Johnson (No 3) [2017] NSWSC 572

R v Johnson (No 3) [2017] NSWSC 572

The Prasad invitation was refused because the judge did not assess the Crown case as weak. The evidence was considered strong that the accused was the assailant, strong as to the mental element for murder, and sufficient for the jury to infer as a matter of common sense that the assault substantially contributed to the deceased's death despite possible other contributing factors.

Jurisdiction
Australia
Judgment Date
11 May 2017
Procedural Posture
Criminal Trial for Murder / Application for a Prasad Invitation at the Close of the Crown Case
Outcome
Application for Prasad invitation rejected.
Legal Topics
['prasad Invitation' 'murder' 'homicide' 'causation' 'identification Evidence' 'intent to Inflict Grievous Bodily Harm']
['criminal Law' 'criminal Procedure'] ['prasad Invitation' 'murder' 'homicide' 'causation' 'identification Evidence' 'intent to Inflict Grievous Bodily Harm']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Trial for Murder / Application for a Prasad Invitation at the Close of the Crown Case

Legal Issues

  1. 1 ['Whether the jury should be invited, in accordance with R v Prasad, to consider acquittal at the close of the Crown case.' 'Whether the Crown case was weak in relation to identification of the accused as the assailant.' 'Whether the Crown case was weak in relation to the mental element for murder.' 'Whether the Crown case was weak in relation to causation of death.']

Ratio Decidendi

The Prasad invitation was refused because the judge did not assess the Crown case as weak. The evidence was considered strong that the accused was the assailant, strong as to the mental element for murder, and sufficient for the jury to infer as a matter of common sense that the assault substantially contributed to the deceased's death despite possible other contributing factors.

Court Disposition

Application for Prasad invitation rejected.

Orders

  • ['The application to invite the jury to consider acquittal at this stage on any basis with regard to any count upon the indictment is not accepted.']