R v Weismantel (No 2) [2015] NSWDC 213

District Court New South Wales

Medium Neutral Citation: R v Weismantel (No 2) [2015] NSWDC 213 Hearing dates: 26 June 2015; 2 - 3 July 2015 Date of orders: 03 July 2015 Decision date: 03 July 2015 Jurisdiction: Criminal Before: Neilson DCJ Decision: Verdict of guilty Catchwords: CRIMINAL LAW – Trial by judge alone – Robbery with offensive weapon and infliction of grievous bodily harm – Crimes Act, s 98 – Whether victim of robbery and victim of grievous bodily harm must be same person – Robbery of restaurant cashier, infliction of grievous bodily harm upon owner – Cash takings of business property of and in custody of owner, despite takings being in immediate proximity of cashier – Owner sought to prevent robbery by physically intervening – Accused attacked owner to stop intervention – Accused only left restaurant when a different employee intervened – Necessary to look at transaction as a whole – Intention to steal continuing and contemporaneous with assault occasioning grievous bodily harm

CRIMINAL LAW – Whether grievous bodily harm – Spiral fracture of fibula at ankle – Required insertion of plate and screws – Favourable prognosis made soon after time of injury – Victim still symptomatic sixteen and a half months later –Injury interferes with ability to work and exercise Legislation Cited: Crimes Act 1900 Cases Cited: Azzopardi v The Queen [2001] 205 CLR 50 Donnally's case (1779) 1 Leach 193 Haoui v R [2008] NSWCCA 205 Smith v Desmond [1965] AC 960 Ryan v R (1967) 121 CLR 205 R v Foster (NSWCCA, 7 April 1995, 60325 of 1994) Category: Principal judgment Parties: Regina (Crown) Blake Weismantel (Accused) Representation: Counsel: Mr P Kerr (Crown) Mr S Schaudin (Accused)