R v Blackman [2018] NSWSC 395

Supreme Court New South Wales

Medium Neutral Citation: R v Blackman [2018] NSWSC 395 Hearing dates: 5 March 2018 – 23 March 2018 Decision date: 29 March 2018 Jurisdiction: Common Law - Criminal Before: Button J Decision: (1) All five sets of admissions objected to are excluded. Catchwords: CRIMINAL LAW – count of murder – special hearing – judge alone – lengthy voir dire – judicial discretion to admit or exclude evidence – objections under s 84, 85, 90, 138 and 139 of the Evidence Act – objection under s 281 of the Criminal Procedure Act – all admissions excluded under s 84 of the Evidence Act – ancillary rulings provided Legislation Cited: Criminal Procedure Act 1986 (NSW), s 281 Evidence Act 1995 (NSW), ss 84, 85, 86A, 90, 138, 139 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), Part 8, Part 9 Law Enforcement (Powers and Responsibilities) Regulation 2005 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: R v Donnelly (1997) 96 A Crim R 432 R v Naa (2009) 76 NSWLR 271; NSWSC 851 Category: Procedural rulings Parties: Regina Gary Clifford Blackman Representation: Counsel: P Rosser QC (Crown) J Watts (Accused)

Solicitors: Office of the Director of Public Prosecutions (Crown) Universal Law (Accused) File Number(s): 2014/00104664 Publication restriction: Name of the child is a pseudonym

Judgment

Introduction 1. On 5 March 2018, Gary Clifford Blackman (the accused) was arraigned on a count of murder in the Supreme Court sitting at Lismore. The proceedings were a special hearing, not a criminal trial, because the accused was unfit to stand trial. Because neither party had sought to have the proceedings conducted before a jury, the special hearing proceeded before me alone. 2. A lengthy voir dire was conducted with regard to the admissibility of a number of admissions the accused had allegedly made with regard to having fatally assaulted Ms Nicole Weate (the deceased) at the relevant time. 3. This judgment constitutes my reasons for excluding all of those admissions at the conclusion of the voir dire.