MAGISTRATES COURT OF QUEENSLAND
CITATION:
Queensland Police v Timbrell [2016] QMC 17
PARTIES:
Queensland Police
(Applicant)v
Francis Kevin TIMBRELL
(Defendant)FILE NO/S:
MAG-00131000/16(4)
DIVISION:
Magistrates Courts
PROCEEDING:
Criminal
ORIGINATING COURT:
Rockhampton
DELIVERED ON:
10 August 2016
DELIVERED AT:
Rockhampton
HEARING DATES:
31 May 2016 and 3 June 20f16
ACTING MAGISTRATE:
M Morrow
ORDER:
Defendant not guilty
CATCHWORDS:
Assault Occasioning Bodily Harm - where the defendant and complainant engaged in an altercation at the defendant’s residence - definition and proof of “bodily harm” – whether injury or pain interferes with health or comfort and is more than “transient or trifling”
Criminal law — Verdict — Assault occasioning bodily harm simpliciter alleged — Whether verdict of guilty of common assault available — The Criminal Code, ss. 339, 575.
SOLICITORS:
Mr C Fox appeared for Queensland Police Prosecutions
Defendant on his own behalf
Francis Kevin TIMBRELL is charged with an offence that on the 20th day of June 2015 at Gracemere in the State of Queensland he unlawfully assaulted one Peta Jamie ELMER and thereby did her bodily harm.
Mr Timbrell has represented himself. It is plainly unfortunate that he has not had the benefit of legal representation. It is apparent that he has experienced difficulty meeting the demands which the adversarial system places upon a person without professional skill and in understanding the role of the court within that system.
The prosecution has called Peta Jamie ELMER and Constable Christopher Johnson to give evidence on their behalf.
The defendant gave evidence as well as Margaret Dulce and Frederick Huemiller.
The burden of proof lies with the prosecution to prove each and every element of the offence and the standard of proof is beyond reasonable doubt.
The defendant does not have to give evidence, or call other people to give evidence on his behalf, or otherwise produce evidence. That he has done so does not mean that he assumed a responsibility of proving his innocence. The burden of proof has not shifted to him. His evidence is added to the evidence called for the prosecution. As I have said, the prosecution has the burden of proving each of the elements of the offence beyond reasonable doubt, and it is upon the whole of the evidence that I must be satisfied beyond reasonable doubt that the prosecution has proved the case before the defendant may be convicted.
There was also no testimony from a Doctor. Whilst it may appear they might have been able to give some relevant evidence I cannot speculate about what they may have said if they had been called. I can only act on the basis of the evidence that has been called and only that evidence.[1]
[1] In Dyers (2002) 210 CLR 285; 76 ALJR 1552; 192 ALR 181; [2002] HCA 45 at [6] Gaudron and Hayne JJ said: “Further, as a general rule, a trial judge should not direct the jury in a criminal trial that the prosecution would be expected to have…
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- Case
- [2016] QMC 17
- Decision Date
CaseChat Overview and Summary
The court found that the injuries sustained by the complainant did not meet the threshold of bodily harm as defined in the Criminal Code. The injuries were determined to be transient and trifling, not interfering with the complainant’s health or comfort to the required extent. Consequently, the court ruled that Timbrell could not be found guilty of assault occasioning bodily harm. Furthermore, the court concluded that a verdict of guilty of common assault was not available given the nature of the injuries and the circumstances of the altercation. The decision hinged on the precise definitions and criteria set forth in the Criminal Code.
Timbrell was acquitted of the charge of assault occasioning bodily harm. The court's ruling was grounded in its interpretation of the statutory definitions of bodily harm and the nature of the injuries sustained by the complainant. The injuries were deemed to be of a minor and temporary nature, not meeting the statutory criteria for bodily harm. Consequently, Timbrell was found not guilty of the offence. The court did not consider a verdict of common assault appropriate given the circumstances and the nature of the injuries.
Orders
Orders of the court
Defendant not guilty
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: CJ, KIEFEL, NETTLE AND GORDON JJ
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