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R v Venna [1975]

Facts

  • The defendant, one of three people who were causing a late night disturbance, was restrained by police
  • Being unable to see who was in front of him, he kicked out, hitting one police officer in the hand and breaking a bone

Issue

  • Could a battery be committed recklessly?

Decision

  • Yes

Reasoning

  • The jury had not been misdirected
  • The defendant could be convicted of either battery or assault occasioning actual bodily harm
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