Battery Flashcards
Define Battery
- s.39 Criminal Justice Act
- Application of unlawful force to another- intending to apply unlawful physical force to another/ recklessness as to whether force is applied
- Common law offence
- Max punishment 6 months/ fine £5000
Cases Battery
R v Thomas- D touched, rubbed woman’s skirt- HELD: touching clothing= battery as it is equivalent to touching them
AR of battery
Collins v Wilcock- Police officer held woman’s arm to prevent her walking away
HELD:Any touching = battery, always is if there was physical restraint
Wood (Fraser) v DPP- officer took hold of W’s arm to check his identity
HELD: battery by police and W was entitled to struggle to release himself
Continuing Act
Fagan v MPC D, unknowingly, stopped car with wheel on a policeman’s foot , refused to move when requested- HELD: AR of battery can be an on-going act so that the complete offence is committed when D forms the MR
Indirect Act
DPP v K- D put acid in hand drier – the next person to use it was sprayed with acid. HELD: Indirect act can be AR of battery
Omission
DPP v Santa-Bermudez- Police women, needle in pocket, failed to tell. HELD: Omission sufficient for AR of battery
Recklessness
DPP v Majewski- D drink and drugs, attacked landlord of pub + police officers. HELD: Drunk= reckless course of conduct, sufficient for MR of battery
