A conviction for grievous bodily harm by glassing cannot be sustained where the prosecution relies on a single heavily intoxicated witness, the scene was crowded and dimly lit, the broken glass was never found, no medical evidence was led as to the cause of the injury, and multiple reasonable hypotheses consistent with innocence were not excluded. Where there is evidence that an accused may have released a glass in reflex to being punched, the defence of accident under s 23(1)(a) of the Criminal Code 1899 (Qld) must be left to the jury.
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