R v Blackman (No 3) [2018] NSWSC 405

R v Blackman (No 3) [2018] NSWSC 405

The Crown case was incapable of proving beyond reasonable doubt that the accused was the perpetrator, as substantial probative evidence pointed away from the accused and towards another person. Accordingly, the Prasad invitation was accepted and verdicts of not guilty returned.

Jurisdiction
Australia
Judgment Date
04 April 2018
Procedural Posture
Criminal / Special Hearing Judge Alone
Outcome
accused acquitted of all counts
Legal Topics
['murder' 'manslaughter' 'infliction of Grievous Bodily Harm' 'prasad Invitation' 'special Hearing' 'unfitness to Stand Trial']
['criminal Law'] ['murder' 'manslaughter' 'infliction of Grievous Bodily Harm' 'prasad Invitation' 'special Hearing' 'unfitness to Stand Trial']

Case Brief

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Procedural Posture

Criminal / Special Hearing Judge Alone

Legal Issues

  1. 1 ['Whether the evidence is sufficient to prove beyond reasonable doubt that the accused was the perpetrator of the assault(s) that caused the deceased’s death' 'Whether the Crown case can exclude rational alternative hypotheses consistent with innocence']

Ratio Decidendi

The Crown case was incapable of proving beyond reasonable doubt that the accused was the perpetrator, as substantial probative evidence pointed away from the accused and towards another person. Accordingly, the Prasad invitation was accepted and verdicts of not guilty returned.

Court Disposition

accused acquitted of all counts

Orders

  • ['Verdicts of not guilty for murder, manslaughter, and inflicting grievous bodily harm with intent' 'Accused discharged upon the indictment' 'Accused immediately released']