Regina v Blanks [2016] NSWSC 361

Supreme Court New South Wales

Medium Neutral Citation: Regina v Blanks [2016] NSWSC 361 Hearing dates: 15-17, 23-24, 26 February 2016 Decision date: 01 April 2016 Jurisdiction: Common Law - Criminal Before: Hall J Decision: Verdicts:

Murder: Not guilty.

Unlawful and dangerous act manslaughter: On the limited evidence available, the accused committed the offence. Catchwords: CRIMINAL LAW – verdict – judge alone trial – special hearing – murder – unlawful and dangerous act manslaughter – reasons for verdict – circumstantial case – relationship evidence – volatile relationship – evidence of lies – facts inconsistent with the accused's version – expert evidence as to whether death occasioned by accidental or deliberate act based on forensic pathology – examination results – evidence must identify the basis and reasoning upon which an opinion as to accidental death was and could be supported – having regard to material findings at autopsy examination including, in this case, findings as to wound depth, wound trajectory and absence of signs of physical injury consistent with an accidental stabbing Legislation Cited: Crimes Act 1900 Evidence Act 1995 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Edwards v R (1993) 178 CLR 193 Qualtieri v The Queen [2006] NSWCCA 95 R v Edwards (1993) 178 CLR 198 R v Esposito (1998) 45 NSWLR 442 R v Hillier (2007) 225 CLR 618 R v Rowe [2002] NSWCCA 455 R v Serratore (1999) 48 NSWLR 101 R v Wilson (1992) 174 CLR 313 Shepherd v The Queen (1990) 170 CLR 573 Category: Principal judgment Parties: Regina (Crown) Judith Thelma Blanks (Accused) Representation: Counsel: M Hobart SC (Crown) C Loukas SC (Accused)