Battery Flashcards
I
The D may have committed a battery
Definition
Battery is defined by lord Goff in Collin’s v Wilcock as the actual infliction of unlawful force
E
Touching- lord Goff in Collin’s v wilcock stated that “any touching, however slight may amount to a battery”
SIDE RULE: Clothing- touching the v’s clothing whilst they are wearing them, is almost like touching the v’s skin (Thomas)
SIDE RULE: indirect battery is still a battery (booby traps or transferred malice style touching) (Martin)
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Did the D touch the V
E
The touching must be unlawful meaning “hostile or aggressive” ( Wilson v Pringle)
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Men’s rea
E- the men’s rea of a better is the intention (Mohan) or recklessness (Cunningham) to inflict unlawful force on the V ( Venna)
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