Evidence of a bruise alone, without evidence that the bruise interfered with the complainant's health or comfort (such as evidence of pain or medical evidence), is insufficient to establish 'bodily harm' under s 1(1) of the Criminal Code (WA). The power under s 30(5)(c) of the Criminal Appeals Act 2004 (WA) to substitute a conviction for a statutory alternative offence exists even where the alternative was not left to the jury, but the court will rarely exercise that discretion where the prosecution made an informed decision not to rely on the alternative at trial and does not seek substitution on appeal.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
2 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.