Battery Flashcards
What section of The Criminal Justice Act 1988 recognizes the offence of battery?
S.39
How is battery defined?
Intentionally or recklessly applying unlawful physical force to another person
What is the Actus Reus of battery?
The application of unlawful force
What are the two forms of force in battery?
- Direct force
- Indirect force
What is direct force in the context of battery?
When force is applied from one person to another
Give an example of direct force.
Collins v Wilcock where a police officer grabbed another woman’s arm
What is indirect force in the context of battery?
When force is applied through the use of an object
Give an example of indirect force.
- DPP v K where a boy put acid in a hand dryer
- Haystead v DPP where a baby was dropped when the D hit the baby’s mother
What must be true about the force applied for it to be considered unlawful?
The force applied must not be consented to
What case established that there is assumed consent to a certain amount of contact in everyday situations?
Collins v Wilcock
What did R v Thomas establish regarding battery?
The slightest amount of contact can amount to a battery
What is an example of slight contact that can be considered battery?
Touching the hem of a woman’s skirt
What are the two ways to determine the D’s Mens Rea in a battery case?
- Direct intention to apply the force
- Recklessness in applying the force
What case illustrates direct intention in battery?
R v Mohan
What does it mean if a defendant is reckless in the context of battery?
The D foresees a risk of harm but takes the risk anyway
What case illustrates recklessness in battery?
R v Cunningham
