Murray Torcetti Lawyers are criminal lawyers in Caboolture. We write our own case notes from recent criminal decisions for internal purposes.
However, unlike your annoying sibling, we don’t mind sharing.
Facts: Judge alone trial for a charge of Grievous Bodily Harm at the Wacol Correctional Centre. The trial was mostly based on the CCTV of the incident as the complainant was an adverse witness who chose not to answer questions and would not affirm the contents of the statement given to police by himself after the incident. The Judge surmised the footage as:
The complainant purposefully approached the defendant, following the defendant nearby. The defendant attempts to walk away from the complainant, the complaint continues to follow the defendant and blocks the defendant at each turn. Immediately before the complainant, it struck, the complainant appears to have a clenched fist. The defendant punched the complainant once knocking the complainant to the ground. The injury was sustained by the complainants head hitting the ground.
The defendant did not give evidence. The defence advanced defence of self-defence against a provoked attack.
Finding: The Judge found the Crown had not excluded the defences beyond a reasonable doubt.
Notes for practice: The court listed the matters the Crown must exclude once the defence is raised for the charge to be successful:
- The defendant was not unlawfully assaulted by the complainant
- The defendant provoked the attack
- The force used by the defendant was disproportionate
- The force used was likely to cause grievous bodily harm or death
- Self-defence against a provoked attack
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