Battery

Question 1

Statute of battery

Answer 1

S39 CJA 1988 - common law

Question 2

AR of battery

Answer 2

Application of unlawful force, to the victim without their consent

Question 3

1st element of AR - application

Answer 3

‘Application’ need not be direct - DPP v K

Question 4

2nd element of AR - unlawful

Answer 4

Collins v Wilcock - can be ‘any touch, however slight’ if it goes beyond the accepted norms of everyday conduct

Question 5

3rd element of the AR - force

Answer 5

Any touching will be sufficient; it need not necessarily be hostile, rude or aggressive established in Faulkner v Talbot

Question 6

MR of battery

Answer 6

R v Parmenter - intention to apply unlawful physical force or being reckless as to whether such force is applied

Question 7

What is battery and where can it be tried?

Answer 7

• Common law offence
• Triable only in the magistrates’ court

Question 8

What happens if battery is racially aggravated?

Answer 8

Becomes triable either way

Maximum sentence on indictment at the Crown court is 2 years imprisonment