Battery Flashcards
What piece of legislation defines battery?
There isn’t one, it’s a common law offence.
What is the actus reus for battery?
The defendant actually applies unlawful force to the victims. Assault and battery usually coincide but it doesn’t always
What is an example of when battery and assault do not coincide?
If the defendant hits the victim over the back of the head
What does the prosecution not need to prove when pleaing their case?
The victim suffering any harm or physical pain
What type of contact can amount to battery?
Any, it does not necessarily needed to have caused injury.
What case illustrates that the defendant does not necessarily have to suffered any harm or physical pain?
R v Thomas (1985)
What is the point of law in R v Thomas (1985)?
Any unlawful physical contact can amount to battery, there is no need to prove any harm or physical pain
What happened in the case of R v Thomas (1985)?
The defendant touched the woman’s skirt and was convicted of battery
What is the date of R v Thomas?
1985
What case happened in 1985?
R v Thomas
What cases are relevant to battery?
R v Thomas (1985)
R v Martin (1881)
R v Haystead (2000)
Wilson v Pringle (1986)
What is the problem with the case of R v Thomas (1985)?
It is slightly outdated. This would most likely not be battery anymore because of new harrasment laws.
What is battery defined under?
Common law
In which ways can force be applied?
Directly and indirectly
Which case illustrates force being applied indirectly?
R v Martin (1881)
What case was in 1881?
R v Martin
What year was the case of R v Martin?
1881
Which case illustrates that force may be applied indirectly?
R v Martin (1881)
What happened in the case of R v Martin (1881)?
The defendant put an iron bar against the doors of the theatre and put out the lights and shouted fire
What was the outcome of the case of R v Martin (1881)?
The court held he committed battery because he created a circumstance which allowed others to be affected by unlawful force
What case updates the case of R v Martin (1881)?
R v Haystead (2000)
What case took place in 2000?
R v Haystead
When was the case of R v Haystead?
2000
What happened in the case of R v Haystead (2000)?
A man punched a woman who was holding a small child, as a result she dropped the baby.
What was the outcome of R v Haystead (2000)?
He was convicted of battery even though he had no direct contact with the child
Where are examples of minor injuries which could lead to a charge of battery set out?
The crown prosecution services charging standards
What do the Crown Prosecution Service’s charging standards set out?
Examples of injuries which could lead to a charge of battery, an s47 or s20
What are some examples of some minor injuries which could lead to a charge of battery?
Grazing, scratches, swelling
What is the men’s rea for battery?
The defendant intends or is reckless as to the application of force
