Battery

Question 1

What is the definition of battery?

Answer 1

The application of immediate, unlawful force with the intention to apply immediate unlawful force or being reckless in doing so.

Question 2

What does force mean?

Answer 2

Any touch, no matter how slight (Collins v Wilcock)

Question 3

What are the rules for touching clothing?

Answer 3

Touching of clothing is equivalent to touching the person (R v Thomas.)

Question 4

What is a continuing act?

Answer 4

Actus reus means a D can be guilty if when applying force they realise and form the mens rea.

Question 5

What are indirect acts?

Answer 5

Proof is required that D inflicts force.
Indirect acts are when D has not touched V but has caused the force. (DPP v K)

Question 6

What are the omissions?

Answer 6

Public duty
Statutory duty
Voluntary duty
Special relationships
Dangerous situation

Question 7

What is unlawful touching?

Answer 7

Touching can be lawful if it is a lawful arrest, tapping for attention, or if there has been consent.

Question 8

What is the mens rea for battery?

Answer 8

Direct intention - aim desire and purpose (R V Mohan)
Reckless - (R V Cunningham)