Blacker v The Queen

Blacker appealed his conviction to the Supreme Court of South Australia. The central dispute concerned the interpretation of the jury directions provided by the trial judge regarding the element of intent in the offence.

The Court was required to determine whether the trial judge erred in directing the jury that the Crown did not need to prove the appellant knew he had the glass in his hand. Specifically, the appeal raised the question of what constitutes a voluntary willed act in the context of the offence, and whether the jury was adequately instructed on this point.

The Court reasoned that for an act to be considered voluntary and willed, the appellant must have been conscious of possessing the glass in his hand. The jury must be satisfied beyond reasonable doubt that the appellant's conduct involving the glass was intentional, which necessitates a conscious awareness of holding the object. The previous direction was found to be inadequate in conveying this requirement. Consequently, the appeal was allowed, and a new trial was ordered.