Regina v Blanks [2016] NSWSC 361

Regina v Blanks [2016] NSWSC 361

The court was not satisfied beyond reasonable doubt that the accused intended to kill or cause grievous bodily harm to the deceased; however, it was satisfied beyond reasonable doubt that the accused unlawfully and dangerously stabbed the deceased in the thigh, resulting in death. The wound characteristics and expert evidence contradicted an accidental explanation. The accused’s lies demonstrated consciousness of guilt regarding her actions and relationship. Verdict: not guilty of murder, but on the limited evidence available, the accused committed unlawful and dangerous act manslaughter.

Jurisdiction
Australia
Judgment Date
01 April 2016
Procedural Posture
Criminal / Special Hearing (judge Alone Trial) Under Mental Health (forensic Provisions) Act 1990
Outcome
Murder: Not guilty. Unlawful and dangerous act manslaughter: On the limited evidence available, the accused committed the offence.
Legal Topics
['murder' 'manslaughter' 'unlawful and Dangerous Act' 'verdict' 'relationship Evidence' 'circumstantial Evidence' 'expert Evidence' 'consciousness of Guilt' 'lies' 'forensic Pathology' 'biomechanics' 'special Hearing' 'mental Health and Criminal Responsibility']
['criminal Law'] ['murder' 'manslaughter' 'unlawful and Dangerous Act' 'verdict' 'relationship Evidence' 'circumstantial Evidence' 'expert Evidence' 'consciousness of Guilt' 'lies' 'forensic Pathology' 'biomechanics' 'special Hearing' 'mental Health and Criminal Responsibility']

Case Brief

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Procedural Posture

Criminal / Special Hearing (judge Alone Trial) Under Mental Health (forensic Provisions) Act 1990

Legal Issues

  1. 1 ['Whether the accused committed murder or manslaughter of Shayne MacDonald' "Whether the accused's act was intentional or accidental" 'Application of forensic and biomechanical evidence to cause of death' 'Admissibility and relevance of relationship evidence' 'Application of lies as evidence of consciousness of guilt']

Ratio Decidendi

The court was not satisfied beyond reasonable doubt that the accused intended to kill or cause grievous bodily harm to the deceased; however, it was satisfied beyond reasonable doubt that the accused unlawfully and dangerously stabbed the deceased in the thigh, resulting in death. The wound characteristics and expert evidence contradicted an accidental explanation. The accused’s lies demonstrated consciousness of guilt regarding her actions and relationship. Verdict: not guilty of murder, but on the limited evidence available, the accused committed unlawful and dangerous act manslaughter.

Court Disposition

Murder: Not guilty. Unlawful and dangerous act manslaughter: On the limited evidence available, the accused committed the offence.

Orders

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