Battery Flashcards
Actus Reus of battery
Infliction of unlawful physical force upon another person
Does it need to be a serious attack
No any unlawful touching is sufficient eg pushing it poking
Which case shows it need not be a serious attack
Collins v wilcock
Took hold of someone’s arm
Is touching someone to get their attention battery
No but restraining someone could be
Why is brushing past someone in a crowd not a battery
Because there is implied consent
Which case showed driving over someone’s foot on purpose is a battery
Fagan v mpc
Is it necessary to suffer injury for a battery
No, This implies spitting on someone could be a battery
Which case showed the application of force can be indirect
DPP v K
School boy with acid in the hand dryer
You can have battery without assault give an example
D approached from behind and hits v, v never knew he was approaching
Can a battery be committed through an omission
Yes but very unusual eg DPP v santana Bermudez
If there is consent or force is in self defence the force may be lawful proving that
It is reasonable
What type of force on a child is reasonable in the uk
Corrective but if it is excessive is a criminal offence and could conflict with article 3 of the European convention on human rights
Another case that shows indirect force
Haystead v chief constable of Derbyshire
Small child fell to the ground because he punched the woman who was holding it
What men’s tea is required
Cunningham recklessness or intention
Which court of appeal case ruled recklessness is sufficient
Venna
