Battery

Question 1

Define battery

Answer 1

The application of unlawful force to another person

Question 2

Is touching someones clothes still a battery ?

Answer 2

yes

Question 3

is tapping someones shoulder to get their attention a battery ?

Answer 3

no

Question 4

is restraining someone a battery ?

Answer 4

yes

Question 5

What actions can constitute a battery ?

Answer 5

Tapping
Touching
Attacking

Question 6

Can indirect actions constitute a battery ?

Answer 6

yes

Question 7

What are some examples of indirect actions that can constitute a battery

Answer 7

Throwing something
Setting traps
Certain harmful ‘pranks’

Question 8

What is the Mens Rea of battery ?

Answer 8

Intending to apply unlawful physical force or recklessness to weather unlawful force is applied

Question 9

Assault and battery are basic intent crimes
what is a basic intent crime ?

Answer 9

a crime where both intention and recklessness can satisfy the MR

Question 10

What happened in R V Thomas (1985) ?

Answer 10

D touched the bottom of a woman’s skirt and was found guilty of battery

Question 11

What case is an example of a continuing act and what happened ?

Answer 11

R V Fagan (1968) a man accidentally drove over a police officers foot and when asked to move refused