R v Ravindran (No 3) [2013] NSWSC 1055

R v Ravindran (No 3) [2013] NSWSC 1055

Although the defence submissions had force and the case had unusual and complex features, the judge was not satisfied that the Crown case was so lacking in weight and reliability that a conviction could not reasonably be made on it. The complexity of the matter made it inappropriate to decide the case summarily, and the judge left open whether the Crown had ultimately proved guilt beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
05 August 2013
Procedural Posture
Common Law Criminal; Judge Alone Trial for Murder / Application for Prasad Direction
Outcome
Application for Prasad direction refused.
Legal Topics
['criminal Procedure' 'judge Alone Trial' 'prasad Direction' 'murder' 'circumstantial Evidence' 'sufficiency and Weight of Evidence']
['criminal Law'] ['criminal Procedure' 'judge Alone Trial' 'prasad Direction' 'murder' 'circumstantial Evidence' 'sufficiency and Weight of Evidence']

Case Brief

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Procedural Posture

Common Law Criminal; Judge Alone Trial for Murder / Application for Prasad Direction

Legal Issues

  1. 1 ['Whether, in a judge alone trial, the court should terminate the trial and acquit the accused on the basis that the Crown evidence was so lacking in weight and reliability that no reasonable tribunal could safely convict.' "Whether the Crown case required proof excluding, even as a possibility, that the deceased attempted to hang himself, so as to prove the accused's intent for murder."]

Ratio Decidendi

Although the defence submissions had force and the case had unusual and complex features, the judge was not satisfied that the Crown case was so lacking in weight and reliability that a conviction could not reasonably be made on it. The complexity of the matter made it inappropriate to decide the case summarily, and the judge left open whether the Crown had ultimately proved guilt beyond reasonable doubt.

Court Disposition

Application for Prasad direction refused.

Orders

  • ['The application to terminate the trial by way of acquittal was declined.']