Non fatal Offences

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1. Santana Bermudez

  • silence may amount to an assault where caused V to apprehend an immediate application of force.
  • ABH includes psychiatric injury provided it is not trival, but does not cover emotions such as fear or panic.
  • battery can be performed by an omission
  • mens rea of battery defined as intentionally or recklessly applying force to another person.
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2. Smith v Woking

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

3. Savage

  • 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
  • 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.

4. Miller

  • ABH means "any hurt or injury calculated to interfere with the health or comfort of the victim"
  • 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
  • mens rea of battery defined as intentionally or recklessly applying force to another person.

5. Logdon

  • 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
  • ABH includes loss of consciousness.
  • any touching may be a battery unless part of a lawful arrest.
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