R v Firebrace (No 2)

The appellant was charged with aggravated sexual assault of a child, with the indictment alleging that the offence was committed by causing actual bodily harm to the child. The appellant sought to have the charge dismissed, contending that the evidence did not support the conclusion that actual bodily harm had been inflicted. The application was heard in the Supreme Court of Queensland.

The central legal issue was the interpretation of the term "actual bodily harm" as it relates to the charged offence. The court was required to determine whether the evidence of abrasions and bleeding on the child was sufficient to constitute actual bodily harm, as defined under Queensland law. The appellant argued that the injuries were not significant enough to meet the threshold of actual bodily harm.

The court considered the statutory definition of actual bodily harm and relevant case law, ultimately concluding that the evidence of abrasions and bleeding, coupled with the nature of the assault, was sufficient to constitute actual bodily harm. The court held that the application to dismiss the charge was without merit. The court found that the injuries, while not severe, were sufficient to amount to actual bodily harm and the charge was therefore valid.

The application was rejected, and the charge of aggravated sexual assault with actual bodily harm was to proceed. The court did not make any further orders.