26 Aug 2021
The application for a certificate was refused because the law is settled that hostile mens rea is not required for common assault and the question raised was not of great and general importance but a matter of factual determination by the trial magistrate.
9 Aug 2021
Although the trial judge misstated that an honest but mistaken belief 'must be reasonable', on a full rehearing of the record the appellate judge concluded the evidence (CCTV and witness testimony) established beyond reasonable doubt that the appellant intentionally (alternatively recklessly) applied unlawful force to PW1 and did not hold a genuine belief that PW1 would have consented; hostility need not be a separate element of battery but the facts supported a finding of hostile manner; appeal against conviction dismissed.