For the purpose of s 23(1)(a) of the Criminal Code 1899 (Qld), where a person swings an arm holding a glass at another's face, the relevant act is the movement of the arm the hand of which contained the glass, not merely the movement of the arm alone. Whether the person adverted to holding the glass is irrelevant to whether the movement was willed. The defence of accident under the second limb of s 23 is unavailable where the wounding from such an act is one an ordinary person would reasonably have foreseen.
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