"C" v Marsh

The appellant, Jason Lee Marsh, appealed against his convictions on three charges of assault. The appeal was heard by Simmonds J in the Supreme Court of Western Australia. The appellant had been convicted of two charges of assault occasioning bodily harm, contrary to s 317(1) of the Criminal Code, and one charge of assault, contrary to s 313(1)(b) of the Criminal Code, by the Children's Court of Western Australia. The appellant argued that the trial magistrate had failed to properly consider the defences of self-defence and provocation, had failed to properly consider inconsistencies in the evidence of the prosecution witnesses, had failed to properly consider matters relating to the evidence of the child witness, had wrongly focused on the findings of lack of credibility of the defence witnesses, and had wrongly made findings against the credibility of the evidence of the defendant and his witness. The Court found the appeal should be allowed on the grounds that the trial magistrate had failed to properly consider the defences of self-defence and aiding in another's self-defence, and had failed to properly consider inconsistencies in the evidence of the prosecution witnesses. The convictions for the charges of assault occasioning bodily harm were quashed, but the conviction for the charge of assault was upheld.