In Massey v R [2013] ACTCA 5 the appellant, convicted of murder in a street stabbing, contended that it was a misdirection for a trial judge to tell a jury that she could not rely on self-defence if she had been the original aggressor and her aggression had not ceased. Support for this was said …
Tag: assault
The definition of injury
The definition of injury provided at s 15 of the Crimes Act 1958 reads,injury includes unconsciousness, hysteria, pain and any substantial impairment of bodily function;It's an inclusive definition. We know that those things referred to are injuries, but we don't know what isn't. Is giving someone a disease (other than one referred to in s …
Director of Public Prosecutions v Finnegan [2011] TASCCA 3: proving a prior inconsistent statement
In DPP v Finnegan [2011] TASCCA 3 the Tasmanian Court of Criminal Appeal ruled the trial judge was wrong to refuse leave to the prosecution to cross-examine its own witness. Three men stood trial for assault. The Crown called a witness, Watkins, who had earlier pled guilty to his involvement. Watkins claimed no knowledge of …
Assault by silence
Some think this notorious UK case was a victory for common sense. Others think it's further evidence of an overly-regulated society. You be the judge.In R v Ireland [1997] 3 WLR 534 the appellant had been convicted of three counts of assault causing actual bodily harm under the Offences against the Person Act 1861.Lord Steyn …
Charge Book becoming essential reading
The VLRC's report on jury directions came out in June and suggested a number of different reforms. One of the proposals was more frequent reference by judges to the Judicial College's Charge Book.In R v Said [2009] VSCA 244 the Court of Appeal delivered its strongest encouragement yet for increased use of the Charge Book. …