R v Bourke (a pseudonym) [2021] NSWDC 665

R v Bourke (a pseudonym) [2021] NSWDC 665

Although the medical evidence established that Frances' injuries were caused by force and amounted to actual bodily harm, the Crown case depended on unreliable evidence from Ms Byron and other witnesses who had care and control of Frances. The court could not be satisfied beyond reasonable doubt that the injury occurred while Frances was in the accused's arms or that the accused intentionally caused it; another rational possibility consistent with innocence remained. The accused therefore had to receive the benefit of the doubt.

Jurisdiction
Australia
Judgment Date
09 December 2021
Procedural Posture
Criminal Trial for Assault Occasioning Actual Bodily Harm / Judge Alone Trial; Verdict
Outcome
Verdict of Not Guilty
Legal Topics
['assault Occasioning Actual Bodily Harm' 'judge Alone Trial' 'circumstantial Evidence' 'expert Medical Evidence' 'witness Credibility' 'reasonable Doubt' 'accident']
['criminal Law' 'criminal Procedure' 'evidence'] ['assault Occasioning Actual Bodily Harm' 'judge Alone Trial' 'circumstantial Evidence' 'expert Medical Evidence' 'witness Credibility' 'reasonable Doubt' 'accident']

Case Brief

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Procedural Posture

Criminal Trial for Assault Occasioning Actual Bodily Harm / Judge Alone Trial; Verdict

Legal Issues

  1. 1 ["What caused Frances' fractured clavicle" 'When the fractured clavicle occurred' 'Whether the cause of the injury was accidental or intentional' 'If intentional, whether the accused caused the injury']

Ratio Decidendi

Although the medical evidence established that Frances' injuries were caused by force and amounted to actual bodily harm, the Crown case depended on unreliable evidence from Ms Byron and other witnesses who had care and control of Frances. The court could not be satisfied beyond reasonable doubt that the injury occurred while Frances was in the accused's arms or that the accused intentionally caused it; another rational possibility consistent with innocence remained. The accused therefore had to receive the benefit of the doubt.

Court Disposition

Verdict of Not Guilty

Orders

  • ['Verdict - Not Guilty']