Battery Flashcards
Where is battery defined
Common law
What is the actus Reus if battery
To apply unlawful force to another person
R v Thomas
Unlawful force can be the lightest touch. Touching clothing is the same as touching the person
Wilson v Pringle
Defines force as a hostile force beyond the everyday jostling of life. Hostile is defined as unwanted or aggressive
DPP v Santana Bermúdez
Force can be applied through an omission but only when d has a duty to act and failed to do so
DPP v K
Force can be applied indirectly eg via an object
Fagan v MPC
Force can be applied through a continuing act
What is the mens rea of battery
Direct intention or recklessness as to apply unlawful force to another
R v Mohan
Direct intention
R v Cunningham
Recklessness