R v Weismantel (No 2) [2015] NSWDC 213

R v Weismantel (No 2) [2015] NSWDC 213

The accused was proved beyond reasonable doubt to be the knife-armed intruder. The business takings in the cash register were property of Mr and Mrs Wongsamak, and Mr Sathaporn Wongsamak intervened to prevent the attempted robbery. Looking at the transaction as a whole, the accused's intention to steal continued when he confronted and pushed Mr Wongsamak, causing him to fall. The resulting ankle fracture, requiring open reduction and internal fixation with ongoing symptoms, was a really serious injury amounting to grievous bodily harm. All elements of the offence under s 98 of the Crimes Act 1900 were proved beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
03 July 2015
Procedural Posture
Criminal Trial by Judge Alone / Verdict
Outcome
Verdict of guilty
Legal Topics
['robbery With Offensive Weapon' 'assault With Intent to Rob' 'infliction of Grievous Bodily Harm' 'crimes Act 1900, S 98' 'trial by Judge Alone' 'criminal Burden and Standard of Proof' 'inferences in Criminal Proceedings' 'no Adverse Inference From Accused Not Giving Evidence']
['criminal Law'] ['robbery With Offensive Weapon' 'assault With Intent to Rob' 'infliction of Grievous Bodily Harm' 'crimes Act 1900, S 98' 'trial by Judge Alone' 'criminal Burden and Standard of Proof' 'inferences in Criminal Proceedings' 'no Adverse Inference From Accused Not Giving Evidence']

Case Brief

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Procedural Posture

Criminal Trial by Judge Alone / Verdict

Legal Issues

  1. 1 ['Whether the accused was the would-be robber and was armed with an offensive weapon, namely a knife.' 'Whether the accused assaulted Sathaporn Wongsamak with intent to rob him, rather than only intending to steal from Mrs Wongsamak.' 'Whether the robbery transaction and the assault on Sathaporn Wongsamak should be considered as one continuing transaction.' 'Whether the injury to Sathaporn Wongsamak amounted to grievous bodily harm.']

Ratio Decidendi

The accused was proved beyond reasonable doubt to be the knife-armed intruder. The business takings in the cash register were property of Mr and Mrs Wongsamak, and Mr Sathaporn Wongsamak intervened to prevent the attempted robbery. Looking at the transaction as a whole, the accused's intention to steal continued when he confronted and pushed Mr Wongsamak, causing him to fall. The resulting ankle fracture, requiring open reduction and internal fixation with ongoing symptoms, was a really serious injury amounting to grievous bodily harm. All elements of the offence under s 98 of the Crimes Act 1900 were proved beyond reasonable doubt.

Court Disposition

Verdict of guilty

Orders

  • ['Blake Weismantel was found guilty of assaulting Sathaporn Wongsamak with intent to rob him while armed with an offensive weapon and inflicting grievous bodily harm upon him.' 'Stood over for sentence on Thursday 1 October 2015 at 10am.']