battery Flashcards
define battery
to intentionally or recklessly apply unlawful force to another.
there must be some force, touching is enough
what is the actus reas of battery?
application of force
R v Thomas (1985)
Caretaker charged with indecent assault after touching the hem of a 12 year old girls skirt.
Whilst it was determined that there wasn’t an indecent act, it was decided that if you touch clothing whilst a person is wearing them, this is equivalent to touching them.
legal precedent- touching is enough
AR for battery- Unlawful force
lawful force: tap on the shoulder, jostling on public transport, police officers arresting,
any unlawful force is AR for battery
Collins v Wilckock (1984)
2 police officers saw D soliciting. They asked her to get into the police car for questioning but she refused and walked away. One of the officers walked after to try to find out her identity and took hold of the of her arm to prevent her leaving. She became abusive and scratched the officers arm.
She was convicted of assaulting a police officer in the execution of his duty. She appealed and the court ruled that the officer had committed a battery against her as he was applying unlawful force (he was arresting her which would’ve been lawful force)
the court said that touching a person to get his attention was acceptable, provided there was no greater degree of physical contact was used than necessary. However physical restraint was unacceptable
legal precedent- unlawful force
AR for battery- Indirect Act (key cases)
DPP v K (1990) and Haystead (2000)
DPP v K (1990)
D hid acid in a hand dryer in the bathroom
the next person to use the drier was sprayed with acid- this was held to be the indirect application of force.
legal precedent- Indirect application of force
Haystead (2000)
D caused a child to fall to the floor by punching the person holding the child.
D was guilt of battery - didn’t intend to injure child, but principle of transferred malice applies
legal precedent- Indirect Act
Mens rea for battery
Intention to apply unlawful physical force
OR
Recklessness that the force will be applied.
What is battery ? key notes
Purely an application of force, it must be unlawful and there is no requirement for V to have suffered any injury. If D applies force with intent / recklessness they are guilty of battery
Section 39
Section 39 Assault (Common assault/battery/assault by beating) A section 39 assault is the catch all term for common assault, battery and assault by beating.
how long can you receive for assault / battery?
6 month imprisonment or £5000 fine.
