Battery Flashcards
What is the legal definition of battery?
Battery is defined as ‘intentionally or recklessly applying unlawful physical force to another person’.
What is the Actus Reus of battery?
the application of unlawful force.
What are the two types of force in battery?
Direct force and indirect force.
What is direct force in the context of battery?
Direct force is when force is applied from one person to another, as seen in Collins v Wilcock where a police officer grabbed a woman’s arm.
What is indirect force in the context of battery?
Indirect force is when force is applied through the use of an object, as seen in a case where a boy put acid in a hand dryer causing burns to another student. DPP v K
What must be true for the force applied in battery to be considered unlawful?
The force applied must be unlawful, generally meaning any force that has not been consented to.
What case established that there is assumed consent to a certain amount of contact in everyday situations?
Collins v Wilcock established that there is assumed consent to a certain amount of contact in everyday situations.
R v Thomas?
R v Thomas established that the slightest amount of contact can amount to a battery, even the touching of the hem of a woman’s skirt.
What is the men’s Rea for battery
The D will either have
direct intention to apply the force or
be reckless when applying the force.
What case illustrates direct intention in battery?
R v Mohan illustrates direct intention where the D has a desire for the outcome.
What case illustrates recklessness in battery?
R v Cunningham illustrates recklessness where the D foresees a risk of harm but takes the risk anyway.
Where is battery recognised as an offence?
By s.39 of the criminal Justice act 1988
