Non fatal Offences

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1. Savage

  • any touching may be a battery unless part of a lawful arrest.
  • V apprehended immediate physical violence and D was reckless to this
  • confirmed in Roberts. There is no need for D to intend or foresee the ABH, provided D has the mens rea of assault or battery.
  • Mens Rea of s.47 is intention or recklessness as to assault or battery.
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2. Thomas

  • ABH can occur to all parts of the body including hair.
  • battery can be performed by an omission
  • Touching a persons clothes whilst they are still wearing them is equivalent to touching the person
  • indirect force is enough for battery.

3. Smith v Woking

  • silence may amount to an assault where caused V to apprehend an immediate application of force.
  • indirect force is enough for battery.
  • assault can be through a window if V fears that D is about to enter and become violent.
  • Mens Rea of s.47 is intention or recklessness as to assault or battery.

4. Roberts

  • Mens Rea of s.47 is intention or recklessness as to assault or battery.
  • ABH can occur to all parts of the body including hair.

5. Ireland

  • silence may amount to an assault where caused V to apprehend an immediate application of force.
  • any touching may be a battery unless part of a lawful arrest.
  • battery can be performed by an omission
  • Mens Rea of s.47 is intention or recklessness as to assault or battery.

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