Where the prosecution relies on photographic evidence of injuries to establish bodily harm, and the injuries could reasonably have been caused by a different incident, the element of bodily harm is not established beyond reasonable doubt. A trial judge should leave the alternative verdict of common assault to the jury where the evidence of bodily harm is unsatisfactory, even if defence counsel does not seek such a direction. A complainant's description of the accused as 'a sex offender' during cross-examination does not give rise to a miscarriage of justice where, in context, the comment is an expression of the complainant's belief about the charged conduct rather than a reference to prior convictions.
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