R v Mathew Tate

The case of R v Mathew Tate involved the defendant being charged with two counts of assault occasioning actual bodily harm and two counts of assault. The charges stemmed from incidents in which the defendant allegedly assaulted two custodial officers, Jason Low and Joanne Albrighton, while in police custody. The matter was heard in a court with jurisdiction over criminal matters. The key issues before the court were whether the injuries sustained by the custodial officers constituted actual bodily harm and whether the custodial officers had given implied consent to being pushed aside by the defendant.

The court was required to determine whether the injuries suffered by the custodial officers were sufficient to constitute actual bodily harm for the purposes of the charges. Additionally, the court needed to assess whether the custodial officers had given implied consent to being pushed aside by the defendant when he was in a hurry. The court also had to consider the applicability of the defence of consent in the context of the custodial officers’ roles and the exigencies of everyday life in a custodial setting.

In its reasoning, the court concluded that the injuries sustained by the custodial officers did not amount to actual bodily harm. Therefore, the defendant was found not guilty of the charges of assault occasioning actual bodily harm. However, the court found the defendant guilty of the alternative charges of assault, as the injuries were sufficient to constitute an assault. The court further held that the custodial officers did not give implied consent to being pushed aside by the defendant. The court revoked the order prohibiting the publication of the custodial officers' names, finding that the public interest in open justice outweighed the need for their anonymity.

The court ordered that the defendant be found not guilty of the charges of assault occasioning actual bodily harm but guilty of the alternative charges of assault. The court also revoked the order prohibiting the publication of the custodial officers' names.