Battery Flashcards
Actus reus
It mist be physical and mot merely emotional harm but a touch is enough
Collins and wilcock
Wood
Thomas
Definition
Where d intentionally or recklessly applies unlawful physical force to another person
Direct and indirect acts
It can be direct by physical contact ( touching by a weapon that is thrown or held or spitting
LYNDSEY
indirect by e.g. Digging a hole for victim to fall down
Scott v Shepard
Martin
DPPv K
Haystead
Force must be unlawful
Consent and self defence allowed as defences
Must it be hostile
Cole v tuner
Wilson v Pringle
Faulkner
Continuing acts
The actus reus may be a continuing act
Fagan
Can on omission be a battery
Unclear but seems courts reluctant to accept this unless D under a duty to act
Santana dermudez
Causation
D must cause the unlawful force
Men’s rea
Intend to apply unlawful physical force
OR
Recklessly - D must realise there is a risk that they might cause unlawful physical force to be applied to another