R v Shane Gregory BLACKWELL [2011] NSWDC 171

R v Shane Gregory BLACKWELL [2011] NSWDC 171

The evidence left a reasonable doubt as to whether Blackwell had the intention to inflict grievous bodily harm required to establish the s 33 offence; the intention was not proven beyond reasonable doubt. However, the evidence supported guilt for recklessly causing grievous bodily harm under s 35.

Jurisdiction
Australia
Judgment Date
08 November 2011
Procedural Posture
Criminal / Judge Alone Trial at First Instance
Outcome
Acquitted of maliciously inflicting grievous bodily harm with intent; found guilty of recklessly causing grievous bodily harm.
Legal Topics
['maliciously Inflict Grievous Bodily Harm' 'recklessly Inflict Grievous Bodily Harm' 'intention' 'intoxication' 'specific Intent Offences']
['criminal Law'] ['maliciously Inflict Grievous Bodily Harm' 'recklessly Inflict Grievous Bodily Harm' 'intention' 'intoxication' 'specific Intent Offences']

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Procedural Posture

Criminal / Judge Alone Trial at First Instance

Legal Issues

  1. 1 ['Whether Shane Blackwell had the specific intent to inflict grievous bodily harm when he struck Daniel Ward with a glass']

Ratio Decidendi

The evidence left a reasonable doubt as to whether Blackwell had the intention to inflict grievous bodily harm required to establish the s 33 offence; the intention was not proven beyond reasonable doubt. However, the evidence supported guilt for recklessly causing grievous bodily harm under s 35.

Court Disposition

Acquitted of maliciously inflicting grievous bodily harm with intent; found guilty of recklessly causing grievous bodily harm.

Orders

  • ['I acquit Shane Gregory Blackwell of the charge of maliciously inflicting grievous bodily harm with intent to do grievous bodily harm.' 'I find him guilty of the offence of recklessly causing grievous bodily harm.']