R v Ferrari

[2002] VSCA 186

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Offences against the person
3. › Recklessly causing serious injury
4. › Meaning of 'serious injury'
5. › Whether two black eyes and facial grazes capable of constituting serious injury
6. › Whether verdict unsafe and unsatisfactory
7. › Crimes Act 1958 (Vic), s 17
1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Unsafe and unsatisfactory verdict
5. › Whether open to jury to find injury was serious
6. › Role of jury as tribunal of fact
1. Criminal Law
2. › Sentencing
3. › Manifest excess
4. › Disparity between co-offenders' sentences
5. › Whether sentence manifestly disparate to co-offender convicted of more serious offence

Quick Take

Two significant black eyes and grazes to the head and face, caused by repeated punching, are capable of constituting 'serious injury' within the meaning of the Crimes Act 1958 (Vic). The definition of 'serious injury' from R v Welsh and Flynn (1987) remains authoritative and the Court of Appeal declined to depart from it.

Case Details

Citation[2002] VSCA 186

CourtVSCA

JurisdictionVictoria

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Cited by5

2023Carbis v The KingVSCA 285
2019Peters v The Queen [No 2]VSCA 292
2014James v The QueenHCA 6
2013James v The QueenVSCA 55
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