Battery

Question 1

Define battery

Answer 1

Unlawful application of force by the Defendant upon the victim… intentionally or recklessly as to the force applied - Lord Steyn in Ireland

Question 2

Direct battery

Answer 2

Application of unlawful force
- Collins v Wilcock (grabbing arm is battery)
- Wood v DPP (officer grabbing arm is battery)

Question 3

Direct Battery 2

Answer 3

Unlawful force
- Thomas - rubbing bottom of skirt is battery

Question 4

Direct battery 3

Answer 4

A battery can be committed through a continuing act
- Fagan

Question 5

Indirect Act

Answer 5

Where the D causes force to be applied without
actually touching them
(Haystead 2000)
DPP v K (sulphuric acid in hand drier is common assault)

Question 6

Omissions

Answer 6

Omitting to act is rarely a batter
- Santa- Bermudez (Failure to say that a needle was in pocket)

Question 7

MR Battery

Answer 7

• Intention to apply unlawful force or
• Being reckless as to whether such force is applied subjective reckless applies ( R v Paramenter)