Battery

Question 1

Definition

Answer 1

“the actual infliction of unlawful force” Lord goff in Collins v Wilcock

Question 2

stage 1 actus reus

Answer 2

Touching- “any touching, however slight, may amount to a battery” (Lord Goff Collins v Wilcock)
side rule- clothing- touching the victims clothes whilst they are wearing them is almost like touching the victim (Thomas)
side rule- indirect battery is still a battery (Martin)

Question 3

stage 2 actus reus

Answer 3

the touching must be unlawful (hostile or aggressive) Wilson v Pringle
-Causation issues-

Question 4

mens rea

Answer 4

the intention (mohan) or recklessness (cunningham) to inflict unlawful force on the victim (venna)
- transferred malice or coincidence rule-