Police v ZQ [2014] NSWChC 1

Children's Court New South Wales

Medium Neutral Citation: Police v ZQ [2014] NSWChC 1 Hearing dates: 28 January 2014 Decision date: 11 February 2014 Jurisdiction: Criminal Before: Children's Magistrate Graham Blewitt AM at Sutherland Decision: Verdict - HELD wounding established Catchwords: CRIMINAL LAW - YOUNG PEOPLE - Wounding - Laceration not extending through the dermis Legislation Cited: Crimes Act 1900, Section 35 Cases Cited: Devine v R [1982] Tas R 155; (1982) 8 A Crim R 45 Regina v Shepherd [2013] NSWCCA 351 R v Smith (1837) 8 Carrington & Payne 173 Category: Principal judgment Parties: Police Young Person Representation: Sgt Mataele for the Prosecution Mr Keane, solicitor, for the Young Person File Number(s): 2013/190687 Publication restriction: Pseudonyms have been used

Judgment

Reasons for Decision 1The Young Person has been charged with two offences arising out of an incident that occurred on 21 June 2013 at Sylvania Waters, namely reckless wounding (Crimes Act, s 35(4)) and a back-up charge of assault occasioning actual bodily harm (Crimes Act, s 59). 2There is no dispute that the victim, BC, suffered a 10 cm laceration to his right shoulder during the incident. There is a factual dispute as to how that injury was inflicted, the prosecution case being that the accused Young Person deliberately inflicted the injury with a broken beer bottle; the defence case being that the prosecution is unable to establish that it was not accidental. There is also a legal dispute whether the injury suffered by the victim constitutes a wounding, in the legal sense.