Closed petition HMG should NOT allow recklessness due to being drunk (but without intention) as sufficient for the criminal conviction of common assault or battery

Closed on 13 February 2013

To be fair a person (whether intoxicated or not) should have the intention to commit any crimes before they are convicted of criminal offences, like common assault & battery. Presently for conviction of assault & battery, mere carelessness without the intention to have physical contact (and without causing any physical injuries to others) is sufficient for conviction. Battery is a form of trespass (unlike murder, manslaughter, GBH, actual bodily harm, wounding, etc) to the person and as such no actual injuries need to be proved. Only proof of contact (even negligence) needs to be made. Assault & battery are only triable in the Magistrates’ Court, not by jury. The defendants may therefore NOT have the criminal intent (mens rea) but still convicted of criminal offences which may then jeopardise their career prospects.