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Words: | Submitted: Mon Jan 05 2004
... 1861 for Actual Bodily Harm and Battery. Dick has demonstrated an unlawful display of force against Jasmin which caused her to apprehend immediate and unlawful violence (the requirement for actual bodily harm) with the consequence of a broken nose. In Miller (1954) 2 QB 282 it was defined as, any hurt or injury likely to interfere with the health or comfort of the victim (the hurt or injury need not be permanent or serious but must be more than trifling). Dick did not have Jasmin's permission to touch her, which is an element of battery. Battery can be defined as "any intentional touching without the consent of that person and without lawful excuse. It need not necessarily be hostile, rude or aggressive" per Lord Lane CJ in Faulkner v Talbot (1981) 1 WLR 1528. When Dick Punched Jasmin to the floor, his actions were reckless, he may argue that he ...
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