Police v ZQ [2014] NSWChC 1
The prosecution established beyond a reasonable doubt that the injury broke the skin and penetrated below the epidermis, thus constituting wounding in the legal sense. Further, the evidence, especially testimony from Sally, established the accused Young Person deliberately wounded BC with the broken beer bottle.
- Parties
- Prosecution: Police; Accused: Young Person
- Jurisdiction
- Australia
- Judgment Date
- 11 February 2014
- Procedural Posture
- Criminal / Verdict
- Outcome
- Charge of reckless wounding proved beyond reasonable doubt.
- Legal Topics
- Wounding, Laceration, Reckless Injury, Legal Definition of Wounding
Case Brief
Summary, issues, holding and outcome
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Parties
Police
Prosecution
Young Person
Accused
Procedural Posture
Criminal / Verdict
Legal Issues
- 1 Whether the injury suffered constitutes wounding in the legal sense
- 2 Whether the accused deliberately wounded the victim
Ratio Decidendi
The prosecution established beyond a reasonable doubt that the injury broke the skin and penetrated below the epidermis, thus constituting wounding in the legal sense. Further, the evidence, especially testimony from Sally, established the accused Young Person deliberately wounded BC with the broken beer bottle.
Court Disposition
Charge of reckless wounding proved beyond reasonable doubt.
Orders
- Verdict - HELD wounding established
- No finding required on back-up charge of assault occasioning actual bodily harm
Full Case Text
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