Battery

Question 1

Battery Definition

Answer 1

The intentional or reckless application of unlawful force upon another person.

Question 2

Battery Act

Answer 2

S.39 Criminal Justice Act 1988
-£5K fine
-12 months imprisonment

Question 3

Battery Actus Reus

Answer 3

• Application of unlawful force
• Unlawful physical contact
• No need to prove harm/pain

Question 4

Fagan v Met Police Commissioner

Answer 4

Accidentally drove onto police man’s foot, deliberately didn’t move - guilty for continuing act

Question 5

Collins v Wilkcock

Answer 5

Battery can be from slightest touch

Question 6

R v Thomas

Answer 6

Touching clothes = battery
- School caretaker touching young girl skirt = touching woman herself

Question 7

R v Braham

Answer 7

Battery even if thought behaviour was affectionate
- D forced wife to eat peas with garden leaves - guilty

Question 8

R v Haystead

Answer 8

Battery may be an indirect act
D punched woman in face while holding her baby - dropped baby on head
D convicted of battery against child

Question 9

Is psychological injury a battery?

Answer 9

❌

Question 10

DPP v Santa-Bermudez

Answer 10

Battery can be an omission
D denied having sharp objects, caused policewoman to bleed - battery

Question 11

Battery Mens Rea

Answer 11

Intention or recklessness(Cunningham) as to the application of unlawful force
- R v Venna

Question 12

R v Venna

Answer 12

• Fractured policeman’s hand
  Recklessness is sufficient mens rea for battery