Reyne (a pseudonym) v R [2022] NSWCCA 201

Reyne (a pseudonym) v R [2022] NSWCCA 201

The medical and circumstantial evidence did not exclude the possibility that the skull fracture occurred prior to the essential period, and so the conviction was unreasonable. The trial judge was, however, reasonably open to find the skull fracture amounted to grievous bodily harm, considering the victim's age and seriousness of the fracture, but since the timing was not established, the conviction must be quashed.

Jurisdiction
Australia
Judgment Date
19 September 2022
Procedural Posture
Criminal Appeal / Appeal Against Conviction, Appellate Judgment
Outcome
Appeal allowed; conviction quashed; acquittal entered
Legal Topics
['appeal Against Conviction' 'recklessly Causing Grievous Bodily Harm' 'judge Alone Trial' 'unreasonable Verdict' 'expert Evidence' 'assessment of Grievous Bodily Harm' "relevance of Victim's Age" 'future Risk of Harm']
['criminal Law'] ['appeal Against Conviction' 'recklessly Causing Grievous Bodily Harm' 'judge Alone Trial' 'unreasonable Verdict' 'expert Evidence' 'assessment of Grievous Bodily Harm' "relevance of Victim's Age" 'future Risk of Harm']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction, Appellate Judgment

Legal Issues

  1. 1 ['Whether the conviction for recklessly causing grievous bodily harm was unreasonable' 'Whether it was proved beyond reasonable doubt that the skull fracture occurred within the essential period' 'Whether the injury amounted to grievous bodily harm']

Ratio Decidendi

The medical and circumstantial evidence did not exclude the possibility that the skull fracture occurred prior to the essential period, and so the conviction was unreasonable. The trial judge was, however, reasonably open to find the skull fracture amounted to grievous bodily harm, considering the victim's age and seriousness of the fracture, but since the timing was not established, the conviction must be quashed.

Court Disposition

Appeal allowed; conviction quashed; acquittal entered

Orders

  • ['Leave to appeal is granted.' 'The appeal is allowed.' 'The conviction of the applicant in the District Court on 6 November 2020 for the offence contrary to s 35(2) of the Crimes Act 1900 (NSW) of recklessly causing grievous bodily harm is quashed.' 'In lieu thereof, enter a verdict of acquittal on that offence.']