If there are words indicating that there will be no violence then this may prevent it from being an assault.
Mohan
Intention is the defendant’s aim or purpose.
Cunningham
Recklessness is where the defendant recognised the risk and took it anyway.
Collins v Wilcock
'Force’ is any touching that the victim does not consent to, but it must be more than an everyday touching.
Thomas
Even touching the victim’s clothing can be a battery.
Chan Fook
ABH is any injury that is ‘more than trivial’. It also includes psychiatric injury, but this must be more than ‘mere emotions such as fear, distress or panic'.
T v DPP
ABH includes momentary unconsciousness. It also includes grazes, bruising, scratches, sprains.
Smith; Saunders
GBH is ‘serious harm’.
Burstow
Serious psychiatric injury can be considered GBH.
Dica
Serious infections can also be GBH.
Eisenhower
A wound is ‘any break in the continuity of the skin’.
Morrison
'A person who intends to resist or prevent arrest, and has intention or recklessness as to causing a wound or injury’, can also be liable for S.18 OAPA 1861.
