Supreme Court
New South Wales
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- Amendment notes
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 851Category: Procedural rulings Parties: Regina
Gary Clifford BlackmanRepresentation: Counsel:
Solicitors:
P Rosser QC (Crown)
J Watts (Accused)
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
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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.
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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.
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This judgment constitutes my reasons for excluding all of those admissions at the conclusion of the voir dire.
Various aspects of the proceedings and of this judgment
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A number of logistical and procedural aspects can conveniently be noted at this stage.
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First, the majority of the evidence placed before me was expressed to be on the voir dire alone. Some of it, however, was expressed to be received in the special hearing. That was done to avoid the inconvenience of some witnesses possibly needing to be called twice. The parties (each of whom was represented by counsel extremely experienced in criminal law) were agreed that all of the evidence received in the special hearing could be taken into account in the voir dire. In due course, as necessary, evidence on the voir dire could be “re-tendered” in the special hearing. The transcript makes perfectly clear which evidence was tendered on the special hearing and in the voir dire.
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Secondly, it will be understood that all of the admissions are merely alleged to have been made. For the…
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- AGLC
- R v Blackman [2018] NSWSC 395
- Case
- [2018] NSWSC 395
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the judge was correct to exclude all of the respondent’s admissions from evidence. The court considered whether the statements were properly excluded by section 84 of the Evidence Act, which provides that evidence of a person’s admission is not admissible to prove that the person committed an offence. The court also considered whether the statements were properly excluded under sections 85, 90, 138 and 139 of the Evidence Act, which provide that evidence may be excluded on various grounds, including the protection of the public interest and the protection of a party to the proceedings. The court also considered whether section 281 of the Criminal Procedure Act required the statements to be admitted.
The court found that the statements were properly excluded under section 84 of the Evidence Act, which precluded the need to consider the other provisions of the Evidence Act and the Criminal Procedure Act. The court held that the statements were admissions, and as such were properly excluded. The court held that the statements did not fall within any of the exceptions to section 84, and therefore could not be admitted. The court also held that section 281 of the Criminal Procedure Act did not require the statements to be admitted.
The court dismissed the Crown’s appeal and affirmed the findings of the judge that the statements were inadmissible. The court made an order that the statements remain excluded from evidence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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