Battery Flashcards
Where is battery defined?
Case law: R v Gladstone Williams
What type of offence is battery?
A summary offence.
What is the maximum punishment for a battery?
6 months imprisonment and/or a £5,000 fine (set out by s.39 of the Criminal Justice Act 1988).
What’s the definition of battery?
The application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied.
What are the AR’s of battery?
- Application
- Unlawful
- Force (Collins v Wilcock)
What are the MR’s for battery?
- Intention (Mohan)
OR - Recklessness (Cunningham)
As to whether unlawful force is applied.
What is a continuing act?
Defined in the case of Fagan v MPC, a continuing act is where D applies force against V without realising (no MR), then is made aware of this, but continues to apply force unlawfully (MR).
What does the case of Collins v Wilcock tell us?
‘Force’ can be the slightest touch.
What does the case of R v Thomas tell us?
Touching someone’s clothing while they are wearing it is considered ‘force’.
What does the case of DPP v K tell us?
A battery can be made out through an indirect act.
What is an indirect act?
Where D does not physically touch V, rather force is applied by other means.
What does the case of Santa-Bermudez tell us?
A battery can be made out via an omission.
Can a battery be made out without an assault taking place?
Yes, for example where V is struck from behind.
What does the case of DPP v Majewski tell us?
If D is intoxicated when they make out the AR of assault/battery, they are considered to have done it recklessly.
