Police v Ryan [2023] NSWLC 4

Police v Ryan [2023] NSWLC 4

The reckless wounding charge failed because the court was not satisfied beyond reasonable doubt that the laceration to Amy Robinson's neck involved a wound. The assault occasioning actual bodily harm charge was proved because her injuries amounted to actual bodily harm and the prosecution negatived self-defence: the CCTV showed that Ryan was angry, escalated each physical interaction, struck Robinson forcefully while holding a glass and continued grappling with her, so he was not acting to protect himself and his response was not reasonable in the circumstances as he perceived them.

Jurisdiction
Australia
Judgment Date
28 March 2023
Procedural Posture
Criminal Prosecution for Reckless Wounding, Assault Occasioning Actual Bodily Harm, or in the Further Alternative Affray / Defended Hearing; Principal Judgment and Sentencing Note
Outcome
Not guilty of reckless wounding; guilty of assault occasioning actual bodily harm; conditional release order without conviction for 16 months.
Legal Topics
['violent Offences' 'glassing' 'reckless Wounding' 'assault Occasioning Actual Bodily Harm' 'affray' 'self Defence']
['criminal Law'] ['violent Offences' 'glassing' 'reckless Wounding' 'assault Occasioning Actual Bodily Harm' 'affray' 'self Defence']

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Procedural Posture

Criminal Prosecution for Reckless Wounding, Assault Occasioning Actual Bodily Harm, or in the Further Alternative Affray / Defended Hearing; Principal Judgment and Sentencing Note

Legal Issues

  1. 1 ["Whether the injury to Amy Robinson's neck amounted to a wound for the purposes of the reckless wounding charge." 'Whether Stuart Ryan struck Amy Robinson in self-defence within s 418 of the Crimes Act 1900 (NSW).' 'Whether the prosecution negatived self-defence beyond reasonable doubt under s 419 of the Crimes Act 1900 (NSW).' 'Whether assault occasioning actual bodily harm was proved after dismissal of the reckless wounding charge.']

Ratio Decidendi

The reckless wounding charge failed because the court was not satisfied beyond reasonable doubt that the laceration to Amy Robinson's neck involved a wound. The assault occasioning actual bodily harm charge was proved because her injuries amounted to actual bodily harm and the prosecution negatived self-defence: the CCTV showed that Ryan was angry, escalated each physical interaction, struck Robinson forcefully while holding a glass and continued grappling with her, so he was not acting to protect himself and his response was not reasonable in the circumstances as he perceived them.

Court Disposition

Not guilty of reckless wounding; guilty of assault occasioning actual bodily harm; conditional release order without conviction for 16 months.

Orders

  • ['Sequence One, reckless wounding, dismissed.' 'Sequence Two, assault occasioning actual bodily harm, proved.' 'Conditional release order without conviction imposed for 16 months.']