Battery Flashcards
What is battery under common law?
Battery is defined as the intentional or reckless application of unlawful force.
What is the Actus Reus of battery?
The Actus Reus is the application of unlawful force, which must not be consented to.
Is injury required for battery?
No injury is needed for battery to occur.
What constitutes unlawful force?
Unlawful force must be more than ‘everyday contact’.
Examples include Collins v Wilcock and Wood (Fraser v DPP).
Can force be lawful?
Yes, force can be lawful in cases of consent and self-defence.
Is direct physical contact necessary for battery?
Direct physical contact is not needed for battery.
Can contact with clothing be considered battery?
Yes, contact with clothing is sufficient for battery.
Can battery occur through an omission?
Yes, battery can occur through an omission.
Provide an example of unlawful force in battery.
An example is when D pushed V in the street, which is more than everyday contact.
What is an example of battery involving unwanted contact?
Kissing V against her wishes is an example of battery.
What is the men’s rea
The intention or recklessness as to the application of unlawful force (Mohan)
What is the transferred malice principle
Where a crime intended for one person falls on another by accident (Latimer and Mitchell)
What does the joint enterprise and transferred malice principle state
It does not matter that D was not the actual one who injured V,all that matters is that D meant to injure X and in fighting back with D,Vwas injured
What does the transferred malice principle state?
Only similar crimes can be transferred .
What does the coincidence rule state?
The actual reus and mens rea rmust coincide at least once(Fagan v MPC)(Thabo v Meli)
