Robert John Cramer & Ors v The Queen & Anor

[1998] WASCA 300

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Assault
3. › Assault occasioning bodily harm
4. › Definition of 'bodily harm'
5. › Whether bruises and welts constitute 'bodily injury which interferes with health or comfort'
6. › Criminal Code (WA), ss 1, 317(1)
1. Criminal Law
2. › Defences
3. › Parental chastisement
4. › Reasonable force by way of correction
5. › Whether striking five-year-old child 10 times with wooden slat was reasonable force
6. › Criminal Code (WA), s 257
1. Evidence
2. › Illegally obtained evidence
3. › Discretion to admit
4. › Photographs obtained following unlawful removal of child by police
5. › Whether trial judge erred in admitting photographs
1. Criminal Law
2. › Appeal
3. › Unsafe and unsatisfactory verdict
4. › Whether open to jury to convict on the evidence

Quick Take

Bruises and welts caused by striking a child with a wooden instrument constitute 'bodily harm' within s 1 of the Criminal Code (WA). Striking a five-year-old child approximately 10 times with a wooden slat, causing such injuries, is capable of being found by a jury to exceed the reasonable force permitted by the parental chastisement defence in s 257. The parental chastisement defence in s 257 must be applied having regard to contemporary community standards.

Case Details

Citation[1998] WASCA 300

CourtWASCA

JurisdictionWestern Australia

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Cited by2

2012Markou v RNSWCCA 64
and 1 more after sign-in

Relies on9

1998Suresh v RHCA 23
1994M v RHCA 63
1991Plenty v DillonHCA 5
1990Alldinger v Du RanotNSWCA 271
and 5 more after sign-in

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