R v Ravindran (No. 4) [2013] NSWSC 1106

R v Ravindran (No. 4) [2013] NSWSC 1106

The Crown failed to exclude beyond reasonable doubt the reasonable possibility that the deceased attempted suicide by hanging, and that the accused, upon finding his father, struck him believing he was already dead, without the requisite intent for murder or for a reasonable person to have appreciated the risk of serious injury for manslaughter. The accused was therefore acquitted of both murder and manslaughter.

Jurisdiction
Australia
Judgment Date
15 August 2013
Procedural Posture
Criminal / Trial Judgment (judge Alone)
Outcome
Accused acquitted of murder and manslaughter; discharged.
Legal Topics
['murder' 'manslaughter' 'circumstantial Evidence' 'standard of Proof' 'judge Alone Trial']
['criminal Law'] ['murder' 'manslaughter' 'circumstantial Evidence' 'standard of Proof' 'judge Alone Trial']

Case Brief

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Procedural Posture

Criminal / Trial Judgment (judge Alone)

Legal Issues

  1. 1 ['Whether the accused murdered his father by inflicting fatal injuries with intent to kill or inflict grievous bodily harm.' 'Whether the evidence supports an alternative verdict of manslaughter by unlawful and dangerous act.' 'Whether circumstantial evidence establishes guilt beyond reasonable doubt.']

Ratio Decidendi

The Crown failed to exclude beyond reasonable doubt the reasonable possibility that the deceased attempted suicide by hanging, and that the accused, upon finding his father, struck him believing he was already dead, without the requisite intent for murder or for a reasonable person to have appreciated the risk of serious injury for manslaughter. The accused was therefore acquitted of both murder and manslaughter.

Court Disposition

Accused acquitted of murder and manslaughter; discharged.

Orders

  • ['I find the accused not guilty of murdering his father Ravi Ravindran at Medlow Bath on 23rd April 2011.' 'I find the accused not guilty of manslaughter.' 'I direct the entry of verdicts of acquittal of both murder and manslaughter.' 'The accused is discharged.']