Battery

Question 1

What is the definition of battery according to COLLINS v WILLCOCK?

Answer 1

D must intentionally or recklessly apply unlawful force to V.

Question 2

What does THOMAS state?

Answer 2

unlawful force does not have to be applied to Vs body, touching his or her clothes may be enough even if V feels nothing.

Question 3

What does COLLINS v WILLCOCK state about the actus reus?

Answer 3

force can include the slightest touching but not the ordinary ‘jostling’ of everyday life.

Question 4

What does HAYSTEAD state?

Answer 4

unlawful force can be applied indirectly; D causes force to be applied although he does not personally touch V.

Question 5

What does DPP v SANTANA BERMUDEZ state?

Answer 5

A battery can be committed by omission but only if D is under a duty to act.

Question 6

What does FAGAN v MPC state?

Answer 6

The actus reus of a battery may be a continuing act allowing mens rea to be present at the same time.

Question 7

What is the mens rea of battery according to VENNA?

Answer 7

mens rea requires that D either intends or is reckless as to applying unlawful force to V.