Battery

Question 1

Where is battery charged

Answer 1

Battery is contained in the criminal justice act 1988, section 39

Question 2

How is battery defined

Answer 2

Defined as the application of immediate unlawful force

Question 3

What is the AR of battery

Answer 3

Application of immediate unlawful force. Application need not be direct - DPP v K. Force means physical force where any touching will suffice and it need not be hostile or aggressive - Faulkner v Talbot

Question 4

What is the MR of battery

Answer 4

intention or recklessness

Question 5

Haystead v DPP

Answer 5

Direct force can be applied through someone’s action and doesn’t require direct physical force

Question 6

DPP v K

Answer 6

Direct application of force need not be direct

Question 7

R v Thomas

Answer 7

Even though the woman did not feel the touch, any physical contact without consent is considered battery.

Question 8

R v Mohan

Answer 8

Even attempting to injure someone is an intentional offence

Question 9

R v Cunningham

Answer 9

Reckless action as D should have forseen that harm would occur

Question 10

Collins v Wilcock

Answer 10

Officer’s conduct was beyond what could be considered consensual so constituted battery

Question 11

Faulkner v Talbot

Answer 11

Any intentional touching of another person without their consent and without lawful excuse constitutes a battery. Importantly, such touching need not be hostile to qualify as unlawful contact