Non fatal Offences

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1. Savage

  • Mens Rea of s.47 is intention or recklessness as to assault or battery.
  • any touching may be a battery unless part of a lawful arrest.
  • 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.
  • V apprehended immediate physical violence and D was reckless to this
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2. 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.

3. Miller

  • ABH means "any hurt or injury calculated to interfere with the health or comfort of the victim"
  • V apprehended immediate physical violence and D was reckless to this
  • mens rea of battery defined as intentionally or recklessly applying force to another person.
  • 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.

4. Venna

  • ABH includes psychiatric injury provided it is not trival, but does not cover emotions such as fear or panic.
  • mens rea of battery defined as intentionally or recklessly applying force to another person.
  • Touching a persons clothes whilst they are still wearing them is equivalent to touching the person
  • ABH includes loss of consciousness.

5. Logdon

  • ABH includes loss of consciousness.
  • V apprehended immediate physical violence and D was reckless to this
  • Touching a persons clothes whilst they are still wearing them is equivalent to touching the person
  • any touching may be a battery unless part of a lawful arrest.

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