Quote:
Originally Posted by Titan2
Does this not make it a strict liability offence? If you commit the act, it does not matter what your intent was; if the victim considers it an assault, then it is an assault. This cannot be the standard in a criminal case. Yet here we are. Has this element of the offence ever been tested? While I hear what you are saying and have not read JA yet, that can't be the state of the law if it can result in imprisonment. What am I missing?
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The mens rea element is the intent to touch. If you accidentally touch someone, it isn't assault.
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