Bloodsworth v R [2019] NSWCCA 260

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bloodsworth v R [2019] NSWCCA 260 Hearing dates: 4 October 2019 Date of orders: 04 October 2019 Decision date: 01 November 2019 Before: Bathurst CJ at [1] Bell P at [2] Harrison J at [3] Decision: (1) Grant the applicant leave to appeal. (2) Allow the appeal. (3) Quash the conviction of the applicant for the offence of manslaughter. (4) Enter a verdict of acquittal. (5) The applicant is to be released forthwith. Catchwords: CRIME – conviction appeal – where appellant convicted of manslaughter based on joint criminal enterprise – whether verdict unreasonable – whether mere presence when crime committed and post-offence conduct were capable of amounting to proof of an agreement to commit the crime – verdict of acquittal entered Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1) Cases Cited: AZ v R [2018] NSWCCA 294 Stanford v R [2018] NSWCCA 249 Category: Principal judgment Parties: Rhiannon Lisa Bloodsworth (Applicant) Crown (Respondent) Representation: Counsel: Ian McLachlan (Applicant) Frank Veltro and Monika Knowles (Respondent)

Solicitors: Blair Criminal Lawyers (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2015/255218 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Criminal Citation: [2018] NSWSC 79 Date of Decision: 8 February 2018 Before: Adamson J File Number(s): 2015/255218