Battery

Question 0

Collins v Wilcock

Answer 0

The definition of unlawful touching includes a general exception embracing all physical contact generally acceptable in the ordinary conduct of daily life.

Question 1

Wilson v Pringle

Answer 1

Whether the touching is hostile is a question of FACT.

Question 2

Lyndsey

Answer 2

Actual physical contact is not necessary for a battery; e.g. Spitting will suffice

Question 3

Santana Bermudez (2 precedents)

Answer 3

1. A battery can be committed by omission (arguably under the Miller principle)
2. If D exposes V to a reasonably foreseeable risk of injury that then materializes there is an evidential basis for the actus reus of the S.47 offence.

Question 4

DPP v K

Answer 4

Battery can be committed through the indirect application of force.

Question 5

D v DPP

Answer 5

The mens rea for battery includes subjective recklessness.

Question 6

Brown

Answer 6

The touching for battery must be hostile and it appears conduct causing a degree of harm for purposes not judicially recognized as acceptable will ipso facto be found to be hostile.