Battery Flashcards
1
Q
Define Battery
A
Application of unlawful force to another person.
2
Q
Actus Reus of Battery
A
-Application of unlawful force to another person
-Slightest of touching, Collins v Willcock
-Committed unlawfully, Pegram v DPP
-Touching of clothing, R v Thomas
3
Q
Indirect Act
A
D causes force to be applied even though they don’t personally touch victim
DPP v K
4
Q
Omissions
A
Omitting to perform an act is rarely battery
Seen in DPP v Santa-Bermudez
5
Q
Battery without assault
A
Victim is unaware of the force going to be applied.
E.G Attacked in sleep
6
Q
Mens Rea for Battery
A
Intention to apply unlawful physical force to another or, subjective recklessness as to whether unlawful force is applied
