Battery

Question 1

Definition for Battery?

Answer 1

The intentional or reckless application of force upon another person

Question 2

What is the Actus Reus for Battery?

Answer 2

This consists of the unlawful force upon a person
Any unlawful physical contact can amount to a battery
No need for proof of pain

Question 3

Case and POL for Fagan v Metropolitan Police Commissioner

Answer 3

Case - Accidentally drove on police officers foot and refused to move
POL - Failure to remove the car lead to a continuous act that constituted to a battery

Question 4

Case and POL for Collins v Wilcock

Answer 4

Case - Scratched police officer when she was grabbed for questioning
POL - Battery can be form the slightest touch
The force does not have to be applied to the victims body; touching her clothes may be enough to count as battery

Question 5

Case and POL for R v Thomas

Answer 5

Case - Caretaker touched a school girls skirt
POL - A battery can be committed even when the actions are thought to be affectionate + The force does not have to be applied to the victims body; touching clothes may be enough

Question 6

Case and POL for R v Haystead

Answer 6

Case - D punched women while holding baby and she dropped it baby hit his head on the floor
POL - Battery can be an indirect act

Question 7

Case and POL for DPP v Santa-Bermudez

Answer 7

Case - Man said no when asked if he had anything sharp in his pockets but when he did et searched he had a needle which cause the police officer to bleed
POL - A batter can be an omission

Question 8

Whats the Mens Rea for Battery?

Answer 8

Intention or recklessness (Cunningham) as to the application of force

Question 9

Case and POL for R v Venna

Answer 9

Case - D fractured a bone in a policeman’s hand while being arrested
POL - Recklessness is sufficient mens rea for battery

Question 10

What Act and Section number is Battery defined under?

Answer 10

S.39 Criminal Justice Act