Ramanayake v R; Ramanayake v Ramanayake [2016] NSWDC 141

Ramanayake v R; Ramanayake v Ramanayake [2016] NSWDC 141

The conviction and sentence for assault occasioning actual bodily harm (sequence 2) were set aside because the evidence did not establish the offence beyond reasonable doubt given inconsistent versions and insufficient proof of assault. However, the conviction and sentence for common assault (grabbing the complainant's throat) were upheld as the act was unnecessary and indicated hostile conduct, fulfilling the elements of the offence. The final apprehended domestic violence order was upheld as past relevant conduct was established, even in the absence of ongoing fear.

Parties
Appellant: Harshini Dinali Ramanayake; Respondent: Chithranjan Ramanayake; Respondent: Director of Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
08 February 2016
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence, and From Final Apprehended Domestic Violence Order
Outcome
Appeal allowed in part; conviction and sentence for assault occasioning actual bodily harm set aside; appeal otherwise dismissed
Legal Topics
Assault Occasioning Actual Bodily Harm, Common Assault, Apprehended Domestic Violence Order, Appeal Against Conviction and Sentence
Criminal Law Assault Occasioning Actual Bodily Harm Common Assault Apprehended Domestic Violence Order Appeal Against Conviction and Sentence

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Parties

Harshini Dinali Ramanayake

Appellant

Chithranjan Ramanayake

Respondent

Director of Public Prosecutions (NSW)

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence, and From Final Apprehended Domestic Violence Order

Legal Issues

  1. 1 Whether the offence of assault occasioning actual bodily harm was proven beyond reasonable doubt
  2. 2 Whether the offence of common assault was made out
  3. 3 Whether the physical conduct was reasonably necessary for the common intercourse of life

Ratio Decidendi

The conviction and sentence for assault occasioning actual bodily harm (sequence 2) were set aside because the evidence did not establish the offence beyond reasonable doubt given inconsistent versions and insufficient proof of assault. However, the conviction and sentence for common assault (grabbing the complainant's throat) were upheld as the act was unnecessary and indicated hostile conduct, fulfilling the elements of the offence. The final apprehended domestic violence order was upheld as past relevant conduct was established, even in the absence of ongoing fear.

Court Disposition

Appeal allowed in part; conviction and sentence for assault occasioning actual bodily harm set aside; appeal otherwise dismissed

Orders

  • Conviction recorded and the sentence passed by Williams LCM sitting in the Local Court at Newtown on 21 May 2015 for assault occasioning actual bodily harm (sequence 2) set aside
  • Otherwise, appeal dismissed