Battery Flashcards
NFO
Which act?
s.39 of Criminal Justice Act 1988
Definition of Battery under s.39
“the application of unlawful force to another, intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied”
Elements of Battery
- Application
- Unlawful Force
- Application (Types of Battery)
1) Direct battery - application of force, even the slightest touch
> Colins V Wilcock
2) Continuing Act - battery committed through a continuing act
> Fagan
3) Indirect Act - D causes force to be applied, but without actually touching them
> DPP V K
4) Omissions - fairly rare to battery
> santa-bemudez
Colins V Wilcock
(direct battery)
policeman touching woman’s arm - not arresting her
Fagan
(continuing act)
Told to pull over by police, ran over foot, refused to move car off
DPP V K
(indirect act)
D hid sulfuric acid in hand dryer, next person to use it was sprayed with acid
- aquitted as didn’t intend to hurt anyone
Santa-bermudez
(omission)
D failed to inform police officer performing search of the needle in pocket when asked
- Unlawful force
-V didn’t consent
-D may be able to use Consent or self defence as defence
Article 3 of European Convention on Human Rights = cannot Torture (A V UK)
Children’s Act 2004 = battery committed on a child by parent is unlawful if it leaves marks
MR of battery
Intention to apply unlwful force
Or
Recklessness as to the application of unlawful force
D must realise there is a risk that the act/omission could cause unlawful force
(normal MR Cases apply)