Battery

Question 1

Fagan v Metropolitan Police Commissioner

Answer 1

D drove on to policeman’s foot by accident then refused to move off it.
Victim does not need to be aware they are going to be hit

Question 2

Collins v Wilock

Answer 2

Shows a battery can be from the slightest touch

Question 3

R v Thomas

Answer 3

Touched bottom of 12 yr old girls skirt.
Touching clothes is enough for battery

Question 4

R v Braham

Answer 4

Force fed wife peas and leaves
Can still be battery even if affectionate act

Question 5

R v Haystead

Answer 5

Punched women twice in face who dropped baby who landed on head. D convicted of battery against child

Question 6

DPP v Santa-Bermudez

Answer 6

Police women searching pockets, asked if any sharp objects then got pricked by pin.
Battery can be an omission as failed to tell of pin

Question 7

R v Venna

Answer 7

D recklessly fractured bone in policeman’s hand while being arrested
Recklessness is sufficient men’s rea for battery

Question 8

What Section, Act and year is Battery charged under?

Answer 8

S39 Criminal Justice Act 1988

Question 9

What is the definition for battery?

Answer 9

The intentional or reckless application of unlawful force upon another person