BATTERY

Question 1

definition of battery

Answer 1

Battery is defined by Lord Goff in Collins v Wilcock as ‘the actual infliction of unlawful force’.

Question 2

actus reus part 1

Answer 2

Touching- Lord Goff in Collins v Wilcock: “Any touching, however slight, may amount to a battery”.

Question 3

side rules part 1

Answer 3

SIDE RULE: Clothing- touching the V’s clothing whilst they are wearing them, is almost like touching the V’s skin (Thomas).

SIDE RULE: Indirect battery is still a battery- (Booby trap or transferred malice style touching)- (Martin)

Question 4

actus reus part 2

Answer 4

The touching must be unlawful meaning “hostile or aggressive” (Wilson v Pringle).

Question 5

mens rea for battery

Answer 5

The mens rea of a battery is the intention (Mohan), or recklessness (Cunningham) to inflict unlawful force on the V (Venna).