Rejected petition HMG should legislate against recklessness due to being drunk (but without intention) as sufficient to be convicted of common assault or battery

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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. For assault & battery 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.

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Date submitted 13 February 2012
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