Battery Flashcards
What is a battery
The intentional application of force outside the conduct expected in ordinary life. (The protected interest is in a person’s bodily integrity and autonomy)
What is an example of a battery?
- Pushing/shoving
- Taking off a hat
- Taking fingerprints
- Placing in handcuffs
- Throwing boiling water
- An unwanted kiss
Cole v Turner 1704 UK 😡
Facts: A husband and wife alleged they were harmed by Turner (defendant), when he jostled past them in a passageway.
Holt J: “That the least touching of another in anger is a battery” – “in a rude or inordinate manner” - Said that touching “Without any violence or design of harm” is not a battery
(there must be intent)
Forde v Skinner 1830 UK 💇♀️
Facts: Parish officers in a poor house forcefully (leading to bruising) cut a girl’s clean long hair, in order to ‘take their pride down’
Bayley J:
- The act was unauthorised by law and was hostile to her bodily autonomy
- Even if the parish officers had done so while acting like it was in the better interests of the plaintiff’s (cleanliness) and not in a hostile way such as in this situation, it is still UNAUTHORISED.
Wilson v Pringle 1987 UK 🎒
Facts: 13yr old boy pulled his classmate back via his sports bag. The boy fell and hence injured his hip.
Croom-Johnson LJ:
- “An intention to injure is not essential to an action for trespass to the person. It is the mere trespass by itself which is the offence”
- While the act must be intentional, such as touching the boy. It is not necessary to intend harm for it to be considered a battery.
(it was a hostile touch - this is not generally accepted behaviour
Moir v Police 1986 NZ 🤤
Facts: Moir is charged with assault by spitting on a police constable’s uniform
Jeffries J:
- “The physical act of spitting was, in my view, clearly intentional and malevolent”
- The degree of force used does not need to be proven
(no requirement for direct contact eg spitting)
Letang v Cooper 1965 UK🌞
Facts: Plaintiff was sunbathing on a lawn used for parked cars and the defendant ran over their legs
Lord Denning MR:
- Must be intentional application of force
- Cannot be accidental – as this would be a negligence case instead
Fagan v Metropolitan Police Commissioner 👮 🦶
Facts: Defendant was reversing accidentally ran over a police man’s foot. When the police officer said ‘get off my foot’ he turned off his ignition, saying ‘fuck you, you can wait’. He eventually moved it.
Bridge J (dissenting): the act itself needs to be intended – therefore it isn’t a battery (Black letter law approach)
James J:
- The act constituted a battery – as it wasn’t just an omission or inactivity
Collins v Wilcock 1984 UK 💋 🚓
Facts: The police asked a known prostitute and the appellant (a women) to get into the police car – the appellant refused and the police officer restrained her. In the process the women scratched the officer
Goff LJ:
- “A distinction is drawn between a touch to draw a man’s attention, which is generally acceptable, and a physical restraint, which is not”
- The action constituted battery as the police officer’s actions went beyond the execution of their duties
F v West Berkshire Health Authority 1990 UK HL 🧠 💉
Facts: A mentally disabled women was sterilised – she was not able to agree to this sterilisation – the surgeon did not know that she didn’t consent to the operation
Lord Goff:
- There is NO need for action to be committed in hostility or in anger. For example, non-consensual surgery.
Katko v Briney 🪤
Facts: Defendant put a shot gun facing the door with a trip wire. Someone goes into the house, triggers the shot gun and gets shot in the knee.
- A trap was sufficiently direct
Bettel v Yim 1978 Canadian 👃
Facts: Yim didn’t intend to cause injury but when shaking Bettel caused a broken nose and resulted in the need for multiple surgeries
Borins J:
- “the intentional wrongdoer should bear the responsibility for the injuries caused by his conduct”
- AKA an individual is liable for all harm that flows from his or her conduct even where the harm was not intended.
