Where a criminal defendant seeks leave to appeal on the basis that a trial adjournment was wrongly refused following a late amendment to the indictment, the defendant must demonstrate that an adjournment would have produced evidence capable of assisting the defence. An alternative medical report that fails to address all relevant limbs of the statutory definition of the upgraded offence will not establish that the refusal caused a miscarriage of justice. The definition of 'grievous bodily harm' in s 1 of the Criminal Code (WA) encompasses injuries 'likely to cause' permanent injury to health, not only injuries that actually caused such injury.
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