R v Daniel

Zane Daniel was tried in the Supreme Court of the Australian Capital Territory on a charge of recklessly inflicting grievous bodily harm. The prosecution submitted that the accused struck the complainant with significant force to the head, rendering the complainant unconscious and resulting in severe injuries. The accused pleaded not guilty to the offence. The court considered the prosecution's case that the accused was reckless as to inflicting grievous bodily harm on the complainant, as per the test for recklessness set out in Blackwell v The Queen. The accused accepted that grievous bodily harm had been inflicted on the complainant but denied that he was reckless. The court found that the prosecution had not proven beyond reasonable doubt that the accused realised the possibility of really serious bodily injury occurring. The accused was acquitted of recklessly inflicting grievous bodily harm but found guilty of the statutory alternative of causing grievous bodily harm.