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
