REGINA v KING [2003] NSWCCA 399

REGINA v KING [2003] NSWCCA 399

For the purposes of s 33 of the Crimes Act 1900 (intentional infliction of grievous bodily harm), the death of a foetus as a result of an assault upon a pregnant woman can constitute grievous bodily harm to the mother, since for this statutory context, the foetus is regarded as part of her person. An order of permanent stay was an interlocutory judgment, properly appealable under s 5F, and the trial judge erred in ruling the offence was 'doomed to failure'.

Jurisdiction
Australia
Judgment Date
19 December 2003
Procedural Posture
Criminal Appeal / Appeal From Permanent Stay in District Court; Interlocutory Appeal Under S 5 F Criminal Appeal Act 1912
Outcome
Appeal allowed
Legal Topics
['intentional Infliction of Grievous Bodily Harm' 'death of Foetus' "meaning of 'person' in Crimes Act 1900 S 33"]
['criminal Law'] ['intentional Infliction of Grievous Bodily Harm' 'death of Foetus' "meaning of 'person' in Crimes Act 1900 S 33"]

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Procedural Posture

Criminal Appeal / Appeal From Permanent Stay in District Court; Interlocutory Appeal Under S 5 F Criminal Appeal Act 1912

Legal Issues

  1. 1 ['Whether the death of a foetus can constitute grievous bodily harm to the mother under s 33 of the Crimes Act 1900' 'Whether injury to the placenta constitutes grievous bodily harm to the mother' 'Whether a permanent stay is an interlocutory order for the purposes of appeal under s 5F Criminal Appeal Act 1912']

Ratio Decidendi

For the purposes of s 33 of the Crimes Act 1900 (intentional infliction of grievous bodily harm), the death of a foetus as a result of an assault upon a pregnant woman can constitute grievous bodily harm to the mother, since for this statutory context, the foetus is regarded as part of her person. An order of permanent stay was an interlocutory judgment, properly appealable under s 5F, and the trial judge erred in ruling the offence was 'doomed to failure'.

Court Disposition

Appeal allowed

Orders

  • ['Order of permanent stay set aside' "Respondent to have a certificate under the Suitors' Fund Act 1951"]