Pain alone from capsicum spray does not constitute 'bodily harm' under s 1 of the Criminal Code (WA); the complainant must have suffered some bodily injury. Temporary inability to open one's eyes due to pain, without evidence of actual injury to the eyes, is insufficient. On State appeals against sentence, delay in hearing the appeal may preclude resentencing even where the original sentence is found manifestly inadequate, particularly where the sentence has been substantially served.
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