 The case of R v Brown established a further requirement : hostility . This is not easily called an actus reus nor mens rea requirement . It was not clear what role it played in that case , but could apply to other cases as a way of clarifying the " everyday behaviour " guidance . It has been strongly criticised by Lord Goff and other judicial and academic writers . It could apply to future cases where the bodily harm was unintended or unforeseen . 
