Non fatal Offences

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1. 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.
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2. Chan - Fook

  • ABH includes loss of consciousness.
  • ABH can occur to all parts of the body including hair.
  • ABH includes psychiatric injury provided it is not trival, but does not cover emotions such as fear or panic.
  • Touching a persons clothes whilst they are still wearing them is equivalent to touching the person

3. T v DDP

  • ABH includes loss of consciousness.
  • ABH includes psychiatric injury provided it is not trival, but does not cover emotions such as fear or panic.
  • ABH can occur to all parts of the body including hair.

4. 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.

5. Venna

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

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