Battery Flashcards
What is the definition of battery ?
The application of immediate unlawful force with the intention to apply immediate unlawful force or being reckless in doing so.
What is force ?
Any touching of another person however slight may amount of a battery. It does not need to be significant
(Collins V Wilcock)
What is touching clothing ?
Touching a persons clothing while they are wearing it is an equivalent to touching v the person.
(R V Thomas)
What is continuing act ?
This means D can be guilty of while applying force they realise and form the men’s Rea.
(Fagan V MPC)
What is an indirect act ?
Proof is required that D inflicted force which can be through a direct/indirect act indirect acts are where D has not touched V but has caused the force.
(DPP V K)
What is the men’s Rea of battery ?
The defendant may have the intention to apply unlawful force.