Battery

Question 1

Where is battery defined?

Answer 1

Battery is defined in common law.

Question 2

What is the actus reus of battery?

Answer 2

D Applys unlawful force to V, this will involve physical contact but no injury.

Question 3

Case law that defines unlawful (force)

Answer 3

Wilson v Pringle - unlawful force is defined as when the force is hostile, unwanted and aggressive, and beyond the ordinary jostling of life.

Question 4

Case law that defines force

Answer 4

R v Thomas - Unlawful force can be the lightest touch, touching clothing is the same as touching the person.

Question 5

Where is the application of force not unlawful?

Answer 5

During the ordinary jostlings of everyday life, i.e. bumping into someone. Or where there is implied consent, i.e. judo match etc…

Question 6

How can force be applied to V? (Continuing Act)

Answer 6

Fagan v MPC - (Force can be applied via a continuing act).

Question 7

How can force be applied to V? (Via Object)

Answer 7

DPP v K - (Force can be applied indirectly, e.g. via an object).

Question 8

How can force be applied to V? (Omission)

Answer 8

DPP v Santana-Bermudez - (Force can be applied by an Omission, but only where D has a duty to act and fails to perform that duty).

Question 9

Mens Rea of battery

Answer 9

It is either intention or recklessness to apply unlawful force on/to another person.