Battery

Question 1

what is the definition of battery?

Answer 1

• common law offence
• (Ireland)-– Intentionally or recklessly applies unlawful physical force to another
• S.39 CJA 1998-summary only offence with a max sentence of 6 months imprisonment and/or fine

Question 2

what is the first step and cases of battery?

Answer 2

was there force?

• can be slight
• (Collins v Willcock)-“any touching of another person, however slight, may amount to battery”
• (Thomas)-touching clothes

Question 3

what is the second step and cases of battery?

Answer 3

was the force unlawful?

• some force may be lawful
  
  • consent
  • everyday physical contact
  • (Collins v Willcock)-all those who move about society have given implied consent to the physical contacts of ordinary life

Question 4

what is an indirect battery?

Answer 4

• d causes force to be applied even though he does not touch v
• (DPP v K)-battery can be indirect
• (Haystead)

Question 5

what is the third step and cases of battery?

Answer 5

mens rea-did d intend or was he subjectively reckless to apply force?

-(Venna)