Battery

Question 1

What piece of legislation defines battery?

Answer 1

There isn’t one, it’s a common law offence.

Question 2

What is the actus reus for battery?

Answer 2

The defendant actually applies unlawful force to the victims. Assault and battery usually coincide but it doesn’t always

Question 3

What is an example of when battery and assault do not coincide?

Answer 3

If the defendant hits the victim over the back of the head

Question 4

What does the prosecution not need to prove when pleaing their case?

Answer 4

The victim suffering any harm or physical pain

Question 5

What type of contact can amount to battery?

Answer 5

Any, it does not necessarily needed to have caused injury.

Question 6

What case illustrates that the defendant does not necessarily have to suffered any harm or physical pain?

Answer 6

R v Thomas (1985)

Question 7

What is the point of law in R v Thomas (1985)?

Answer 7

Any unlawful physical contact can amount to battery, there is no need to prove any harm or physical pain

Question 8

What happened in the case of R v Thomas (1985)?

Answer 8

The defendant touched the woman’s skirt and was convicted of battery

Question 9

What is the date of R v Thomas?

Answer 9

1985

Question 10

What case happened in 1985?

Answer 10

R v Thomas

Question 11

What cases are relevant to battery?

Answer 11

R v Thomas (1985)
R v Martin (1881)
R v Haystead (2000)
Wilson v Pringle (1986)

Question 12

What is the problem with the case of R v Thomas (1985)?

Answer 12

It is slightly outdated. This would most likely not be battery anymore because of new harrasment laws.

Question 13

What is battery defined under?

Answer 13

Common law

Question 14

In which ways can force be applied?

Answer 14

Directly and indirectly

Question 15

Which case illustrates force being applied indirectly?

Answer 15

R v Martin (1881)

Question 16

What case was in 1881?

Answer 16

R v Martin

Question 17

What year was the case of R v Martin?

Answer 17

1881

Question 18

Which case illustrates that force may be applied indirectly?

Answer 18

R v Martin (1881)

Question 19

What happened in the case of R v Martin (1881)?

Answer 19

The defendant put an iron bar against the doors of the theatre and put out the lights and shouted fire

Question 20

What was the outcome of the case of R v Martin (1881)?

Answer 20

The court held he committed battery because he created a circumstance which allowed others to be affected by unlawful force

Question 21

What case updates the case of R v Martin (1881)?

Answer 21

R v Haystead (2000)

Question 22

What case took place in 2000?

Answer 22

R v Haystead

Question 23

When was the case of R v Haystead?

Answer 23

2000

Question 24

What happened in the case of R v Haystead (2000)?

Answer 24

A man punched a woman who was holding a small child, as a result she dropped the baby.

Question 25

What was the outcome of R v Haystead (2000)?

Answer 25

He was convicted of battery even though he had no direct contact with the child

Question 26

Where are examples of minor injuries which could lead to a charge of battery set out?

Answer 26

The crown prosecution services charging standards

Question 27

What do the Crown Prosecution Service’s charging standards set out?

Answer 27

Examples of injuries which could lead to a charge of battery, an s47 or s20

Question 28

What are some examples of some minor injuries which could lead to a charge of battery?

Answer 28

Grazing, scratches, swelling

Question 29

What is the men’s rea for battery?

Answer 29

The defendant intends or is reckless as to the application of force