Battery

Question 1

Definition

Answer 1

The unlawful application of force to another intending to apply physical unlawful force or being reckless as to weather force is applied

Question 2

Force

Answer 2

Even the slightest touch

Question 3

Case for Force

Answer 3

Collins V Wilcock: courts held that the officer committed a battery on her and as she wasn’t under arrest they were entilied to free herself

Question 4

Rule with touching

Answer 4

Touching to get attention is allowed but must be proportionate

Question 5

Case for touching

Answer 5

Wood V DPP: as W had not been arrested to free himself and put up a struggle and W wasn’t guilty

Question 6

Touching clothing + Case

Answer 6

Battery, R V Thomas- CA held touching someone’s clothing while their wearing it was equivalent to touching them

Question 7

Indirect act + case

Answer 7

Can be through a indirect act where D doesn’t touch V

DPP V K- although D didn’t mean to hurt anyone it was held to be that a battery can occur through a indirect act

Question 8

Continuing act case

Answer 8

Fagan V MPC no intention at the time to hurt anyone, held battery can occur once D realised and didn’t move it became a battery

Question 9

Unlawful force

Answer 9

Will be lawful if consent etc

Question 10

MR for battery

Answer 10

Intentionally applying dove to another ot being reckless