Battery Flashcards
What is Battery?
Give a basic example
The direct and intentional application of force to another person without consent
A hits B
What happened in the case of Fagan v Metropolitan Police Commissioner (1969)?
Defendant parked his car on the foot of a police officer unintentionally and then refused to move once asked
The courts held that the defendants actions became a battery once he refused to move
What was the quote used by Blackstone in Cole v Turner (1704)
“The least touching in anger amounts to a battery”
What happened in the case of Wilson v Pringle?
Defendant and claimant were both schoolboys and the defendants pulled the claimants bag injuring his shoulder.
The courts held that the defendant had to have “Hostile intent”
What happened in Re F; F v West Berkshire Health Authority (1990)?
What principle did this case change from Wilson v Pringle?
Defendant was a doctor who operated who operated on a patient suffering from a serious mental disability and could not consent
The least touching in anger no longer applied as there were various situations that would make this impractical
What happened in Livingstone v Ministry of Defence (1884)?
What principle did this establish?
Defendant is a soldier who fired a baton round at a rioter and hit someone not involved in the riot
Created the principle of transferred intention
