... assault as 'common assault' and is explained by common law rules, with the sentencing being set out in the Criminal Justice Act 1988 S.39. The commonly accepted definition of Battery is where 'the accused intentionally or subjectively recklessly applies unlawful force to another' could be liable for the offence, and as the Act tells us3 triable by summary procedure with the Maximum sentence being 6 months imprisonment, or/and a fine 'not exceeding level 5 on the standard scale'. The Mens Rea of battery is 'intention or subjective recklessness'. The Actus reus of Battery therefore is the 'infliction of unlawful personal force'4. In this scenario then we need to ask the question of whether Jim has inflicted unlawful force to Fiona. Some relevant cases that help us predict any criminal liability for Jim are that of Collins v Wilcock5 which tells us that "...any touching of another person, however slight, may ...

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