R v Blackman (No 2) [2018] NSWSC 406

R v Blackman (No 2) [2018] NSWSC 406

The Court concluded that there were reasonable grounds for the witness's objections under s 128 and that, given the broad concept of evidence that may tend to prove commission of an offence and the defence contention that the witness committed the murder, the certificate should be expanded liberally to cover evidence capable of inculpating the witness while exculpating the accused, subject to the temporal and subject-matter limits settled in the certificate.

Jurisdiction
Australia
Judgment Date
04 April 2018
Procedural Posture
Criminal Special Hearing Before Judge Alone, With a Primary Count of Murder and Alternative Counts / Procedural Ruling Concerning Provision and Scope of a Certificate Under S 128 of the Evidence Act 1995 (nsw) for the Witness Thomas Miringaorangi
Outcome
Certificate provided to the witness Thomas Miringaorangi pursuant to s 128 of the Evidence Act 1995 (NSW).
Legal Topics
['special Hearing' 'judge Alone Trial' 'witness Self Incrimination' 'section 128 Certificate' 'murder' 'prohibited Drugs' 'firearms' 'accessory After the Fact' 'concealing a Serious Offence']
['criminal Law' 'evidence'] ['special Hearing' 'judge Alone Trial' 'witness Self Incrimination' 'section 128 Certificate' 'murder' 'prohibited Drugs' 'firearms' 'accessory After the Fact' 'concealing a Serious Offence']

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Procedural Posture

Criminal Special Hearing Before Judge Alone, With a Primary Count of Murder and Alternative Counts / Procedural Ruling Concerning Provision and Scope of a Certificate Under S 128 of the Evidence Act 1995 (nsw) for the Witness Thomas Miringaorangi

Legal Issues

  1. 1 ['Whether the witness Thomas Miringaorangi should be provided with a certificate under s 128 of the Evidence Act 1995 (NSW).' 'How broadly the certificate should extend where evidence may tend to prove that the witness committed an offence.' 'Whether particular areas of evidence in cross-examination could tend to exculpate the accused and inculpate the witness.']

Ratio Decidendi

The Court concluded that there were reasonable grounds for the witness's objections under s 128 and that, given the broad concept of evidence that may tend to prove commission of an offence and the defence contention that the witness committed the murder, the certificate should be expanded liberally to cover evidence capable of inculpating the witness while exculpating the accused, subject to the temporal and subject-matter limits settled in the certificate.

Court Disposition

Certificate provided to the witness Thomas Miringaorangi pursuant to s 128 of the Evidence Act 1995 (NSW).

Orders

  • ['Certificate provided to the witness Thomas Miringaorangi pursuant to s 128 of the Evidence Act 1995 (NSW).']