Battery

Question 1

What is battery under common law?

Answer 1

The intentional or reckless application of unlawful force

Charged under Section 39 of the Criminal Justice Act 1988

Question 2

Define Actus Reus.

Answer 2

The application of unlawful force

The force need not be hostile and no injury is needed for unlawful force

Question 3

What must unlawful force not be?

Answer 3

Merely everyday contact

Unlawful force can be applied indirectly and through an omission

Question 4

What are examples of lawful force?

Answer 4

• Consent
• Self-defence

Under S3 of The Criminal Law Act 1967

Question 5

What was established in Collins v Willcock?

Answer 5

A policeman committed a battery when he took hold of a woman’s arm

A battery must be more than ‘everyday contact’

Question 6

What was the outcome in Wood (Fraser) v DPP?

Answer 6

D was entitled to struggle as the police officers had committed a battery

Police grabbed a man to detain him

Question 7

Was Rolfe convicted of battery?

Answer 7

No

He was convicted of indecent assault due to no direct or indirect touching of the victim

Question 8

What constituted a battery in Thomas?

Answer 8

Rubbing the bottom of a woman’s skirt without her permission

This was considered unlawful force

Question 9

What was the actus reus in DPP v K?

Answer 9

Hiding stolen sulphuric acid in a hand drier

Another pupil was sprayed with acid when using the drier

Question 10

What was the ruling in Savage regarding intention?

Answer 10

There was an intention to commit a battery

A glass slipped and caused injuries when aiming to throw beer

Question 11

What occurred in DPP v Santa-Bermudez?

Answer 11

The defendant’s failure to disclose a needle led to injury

This constituted the actus reus of battery

Question 12

Define Mens Rea.

Answer 12

Intention or subjective recklessness as to the application of unlawful force

Intention is defined in Mohan; recklessness in Cunningham

Question 13

What does intention mean in the context of battery?

Answer 13

Direct (specific) intention to bring about unlawful force

Defined in Mohan

Question 14

What is subjective recklessness?

Answer 14

Foreseeing a risk of unlawful force and carrying on regardless

Defined in Cunningham

Question 15

What was the significance of Venna’s case?

Answer 15

Recklessness was sufficient to commit assault, battery, and ABH

The defendant kicked out blindly, injuring a police officer