Battery Flashcards
What may have the D committed?
Battery
What case is battery defined in?
Lord Goff in Collins v Wilcock
What is the definition of battery?
The actual infliction of unlawful force
What is the first part of the actus Reus?
Touching
What case is defined in touching?
Lord goff in Collins v Wilcock
What is the definition of touching?
Any touching, however slight may amount to a battery
What does the side rule clothing mean?
It means touching the Vs clothing whilst they are wearing them is almost like touching the Vs skin
What case is used for the side rule - clothing?
Thomas
What is the second side rule?
Indirect battery is still a battery
What two things does it talk about in the side rule - indirect battery?
It says booby traps or transferred malice style touching
What case is used for the side rule - indirect battery?
Martin
What must the touching be?
It must be unlawful meaning “hostile or aggressive”
What case is used for the unlawful touching?
Wilson v Pringles
What is the men’s rea for battery and include the cases?
The mens rea for battery is the intention(Mohan) or the recklessness(Cunningham) to inflict unlawful force on the V(venna)