Smejlis v Matthews

[2004] WASCA 158

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal from Magistrate
4. › Conviction
5. › Whether miscarriage of justice
6. › Standard and burden of proof
7. › Whether Magistrate adequately directed himself
8. › Justices Act 1902 (WA), s 199(1)(b)
1. Criminal Law
2. › Appeal
3. › Appeal from Magistrate
4. › Conviction
5. › Circumstantial evidence
6. › Drawing of inferences
7. › Whether only reasonable inference consistent with guilt
8. › Whether rational hypothesis consistent with innocence excluded
1. Criminal Law
2. › Parties to offences
3. › Procuring
4. › Meaning of 'procure'
5. › Whether evidence of agreement necessary
6. › Criminal Code (WA), s 7(d)
1. Criminal Law
2. › Assault occasioning bodily harm
3. › Definition of 'bodily harm'
4. › Whether bruise constitutes bodily injury interfering with health or comfort
5. › Criminal Code (WA), ss 1, 317(1)

Quick Take

A bruise lasting three days, without evidence that it interfered with health or comfort, is insufficient to establish 'bodily harm' under s 1 of the Criminal Code (WA). In cases of bruising, there must be some direct or circumstantial evidence — whether from a medical practitioner or the victim — that the bruise interfered with health or comfort. Evidence of agreement or discussion as to the form of the offence is not necessary to establish procurement under s 7(d) of the Criminal Code (WA).