Battery Flashcards
Collins v Wilcock Defintion
Actual infliction of unlawful force on another person
Haystead v Chief Constable of Derbyshire
D punchec v in the face while she was holding her baby and as a result baby fell onto the floor
D conivcted of Battery on both V and baby as Battery to child was direct and forseeable of D’s conduct
DPP v K 1990
D took tube of acid from chem class, while in bathroom D panicked and dumped acid into hand dryer after he left V used it was sprayed with acid.
Court held force need not be directly applied to D and as he was reckless he had the necessary MR
R v Martin
D put out all the lights on stairs and blocked the doors at a theatre in order to cause panic
Led to Stampeade - several people injured
Court held a person can influct injury on another without doing so directly, through foreseability
Implied Consent - Collins v Wilcock
Jostling on Underground
Having ones hand seized in friendship
Amicable back-slapping
R v Thomas
D a school caretaker touched a school girl skirt. He was found guilty of Battery
Ackner LJ - R v Thomas
“There can be no dispute that if you touch a person clothes while hes wearing them that is equivilant to touching them”
Fagan v MPC
Ran over policemans foot, refused to move as he did not know he was parked on his foot, eventually after the officer pointed out what had happeneed he did not move
Court held the battery and remaing on the foot was a continuing act
DPP v Santana-Bermudez 2003
D stopped and Searched under s.1 PACE and when asked if had any sharp or dangerous objectives in his pocked responded in the negative
Officer then pricked by hypodermic needle containing HIV and Hep C.
Charged s.47
Court held wilful omission which put officer in a danger constitted actus reus