Carden v Dragojevic

[2025] WASCA 47

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Appeal from single judge to Court of Appeal
5. › Grounds must allege error by primary judge not magistrate
6. › Criminal Appeals Act 2004 (WA), pt 2, div 3
1. Criminal Law
2. › Assault
3. › Elements of offence
4. › Whether injury or personal discomfort required
5. › Application of force by striking, touching or moving
6. › Criminal Code Act Compilation Act 1913 (WA), s 222
1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Factual findings
5. › Credibility of witnesses
6. › Whether CCTV footage demonstrated error in magistrate's findings
1. Criminal Law
2. › Practice and Procedure
3. › Prosecution notice
4. › Validity
5. › Electronic lodgement and signature requirements
6. › Whether prosecution notice signed
7. › Criminal Procedure Act 2004 (WA), s 23
8. › Courts and Tribunals (Electronic Processes Facilitation) Act 2013 (WA), s 6(l)(g), s 10(1)

Quick Take

The requirement in s 222 of the Criminal Code (WA) that conduct cause injury or personal discomfort applies only to the application of substances or things (such as heat or electricity), not to assaults involving striking, touching or moving a person.