R v Firebrace (No 2) [2014] NSWDC 275

R v Firebrace (No 2) [2014] NSWDC 275

Evidence of vaginal abrasions described as a recent penetrating injury, together with evidence of bleeding within an hour or two of the alleged non-consensual intercourse and expert evidence that the abrasions were consistent with non-consensual sexual intercourse, was sufficient evidence on which a jury could find actual bodily harm. The application to remove the aggravated charge from the jury was therefore rejected.

Jurisdiction
Australia
Judgment Date
06 August 2014
Procedural Posture
Criminal / Application for Dismissal of Charge or Removal of Charge From the Jury Before Formal Closure of the Prosecution Case
Outcome
Application rejected.
Legal Topics
['aggravated Sexual Assault' 'actual Bodily Harm' 'abrasions and Scratches as Bodily Harm' 'no Case Submission or Application to Remove Charge From Jury']
['criminal Law'] ['aggravated Sexual Assault' 'actual Bodily Harm' 'abrasions and Scratches as Bodily Harm' 'no Case Submission or Application to Remove Charge From Jury']

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Procedural Posture

Criminal / Application for Dismissal of Charge or Removal of Charge From the Jury Before Formal Closure of the Prosecution Case

Legal Issues

  1. 1 ['Whether the prosecution evidence, taken at its highest, was capable of establishing actual bodily harm for the aggravated sexual assault charge.' "Whether scratches, abrasions and bleeding to the complainant's vagina were capable of amounting to actual bodily harm."]

Ratio Decidendi

Evidence of vaginal abrasions described as a recent penetrating injury, together with evidence of bleeding within an hour or two of the alleged non-consensual intercourse and expert evidence that the abrasions were consistent with non-consensual sexual intercourse, was sufficient evidence on which a jury could find actual bodily harm. The application to remove the aggravated charge from the jury was therefore rejected.

Court Disposition

Application rejected.

Orders

  • ['Application rejected.']