Battery

Question 1

Definition

Answer 1

• Common law offence
• Ireland - intentionally or recklessly applies unlawful physical force to another
• Recognised in. S.39 Criminal Justice Act 1988 - Summary only offence - Max 6 months imprisonment and/or a fine

Question 2

2. Actus Reus - Was the force UNLAWFUL?

Answer 2

• Unlawful - no consent
• Lawful - victim consents to force, e.g sports/surgical procedures
• Lawful - Every day physical contact
  Collins V Willcock - all those who move about society have given implied consent to the physical contacts of ordinary life
  Wilson V Pringle - must be intentional and hostile touching

Question 3

(Actus reus - Indirect batteries)

Answer 3

• Doesn’t touch the victim
  DPP V K - Battery can be indirect

Question 4

3. Men’s Rea - Did D intend or was he subjectively reckless to apply force?

Answer 4

Venna - Intent or subjective recklessness to apply force to another
- Doesn’t need any intent or recklessness as to harm - only unlawful force