For charges of manslaughter and alternative counts of grievous bodily harm under the Criminal Code (WA), the relevant 'event' for the accident defence under s 23 is the ultimate harm charged (death or grievous bodily harm), not the intermediate physical occurrence (such as the head striking the ground). Where the accused is acquitted of manslaughter on the basis that the Crown has not negatived accident, a conviction for grievous bodily harm under the first limb of the definition (injury endangering life) is inconsistent, but a conviction under the second limb (injury likely to cause permanent injury to health) may not be. Trial judges must clearly distinguish between the two limbs in their directions.
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