Battery

Question 1

What is the first step of the battery model answer? (definition)

Answer 1

s.39 Criminal Justice Act 1988 defines battery as intentionally or recklessly applying unlawful force.

Question 2

What is the second step of the battery model answer? (actus reus)

Answer 2

The battery can be the slightest touch, and V does not need to suffer any harm or pain (Collins v Wilcock). Clothing can constitute a battery (Thomas). Here, when D applied unlawful force when he (explain how D came into contact with V).

Question 3

What is the third step of the battery model answer? (lack of consent)

Answer 3

In order for battery to be claimed, V must not consent to the application of force. In Collins v Wilcock it was outlined everyday situations where consent is implied as long as the force was reasonable, eg handshakes. Here, the application of force would be unreasonable as…

Question 4

What is the fourth step of the battery model answer? (indirect)

Answer 4

D does not have to directly touch V, indirect application of force is sufficient (Haystead). Here, the application of force was direct / indirect …

Question 5

What is the fifth step of the battery model answer? (mens rea)

Answer 5

To satisfy MR, it must be identified whether there was intention or subjective recklessness to do the AR. R v Venna outlined that subjective recklessness is sufficient. In this case D has the (state type of MR) to apply unlawful force to V. It is not x intent because… (eg not direct because, state why its the other).

Question 6

Therefore, what are the 5 steps of the assault model answer?

Answer 6

1) Definition
2) Actus reus
3) Lack of consent
4) Indirect
5) Mens rea