What is the test for assault and battery?
Alberta, Canada
The following excerpt is from R. v. Morrow, 2009 ABPC 114 (CanLII):
The Court of Appeal then goes on to consider the ancient decision of Cole v. Turner (1704) 6 Mod. 149, which was an action in trespass for assault and battery. Holt CJ at page 443 states: ... the least touching is a battery if it is done in anger, but that touching without violence or design of harm is no battery, and that violence in a rude and inordinate manner is a battery. Again, the case is authority for the proposition that for a battery there must be either an intention to harm or over hostility.
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