Non Fatal Offences Against the Person # 3 - Battery

[@jb232ffs]

This is a great video. Lord Goff's reasoning is just admirable. I like all his judgments I have come across.

[@poco9964]

Why is mental harm not considered battery if it has a physical detrimental affect? Words physically strike the ear drum and can cause real psychological and physical harm... Is that too mere a touch? Why should one sense take precedent over another? I would love if someone could attempt to answer these questions for me.

[@TheLawBank]

Well it only takes a clever lawyer to successfully argue it in a court capable of setting precedent and a judge who agrees with the legal reasoning. I think that practically speaking your argument could lead to non-sense criminal claims. There is a good reason for making unlawful touching an offence. There would need to be a compelling reason making unlawful words an offence in the context of non-fatal offences. There are other laws that deal with unlawful words successfully so there might not be a need to bring this into the law of battery.

[@pmcl3616]

for assault do you not apply rules on causation? For what offence do you apply legal rules on causation thanks.

[@tusharsmate]

It was so much helpful sir thanks very much indeed

[@_Fiinch]

In a hypothetical situation, if Man-A hit Man-B based on Man-B having done something in the past and then provoked Man-A to attack Man-B causing a bruise on Man-B's chin, for example, can Man-A be charged for battery resulting in a criminal record?

[@sheriawan2804]

Provocation needs an element of sudden effect Loss of self control is an updated defence which needs not be a sudden

[@UnfaithfulFun]

Thanks a lot sir

[@MuhammadAhmed-fd6nl]

Much thanks to u