Battery Flashcards
Definition
A battery is the direct and intentional application of unwanted force to another without that persons consent
Direct is a broad term
The battery must be the direct result of the defendants intentional act.
This is easily seen as when a punch or other form of physical touching occurs
Gibbons v Pepper (1695)
The defendant whipped a horse so that it bolted and ran down the claimant
Principle: directness can be widely interpreted
Pursell v Horn (1838)
Facts- the defendant threw water over the claimant
Principle- the face applied does not have to be personal contact and the defendant was liable in battery
Nash v Sheen (1953)
Facts- claimant had gone to the defendants hairdressing salon where she was to receive a ‘permanent wave’
A tone rise was applied to her hair without her agreement causing a skin reaction
Principle- only a positive act will suffice
Widely interpreted
Scott v Shepherd(1773)
Shepherd threw a lighted squib into a market house
It landed on the stall of a gingerbread seller.
Picked it up and threw it across the market-preventing damage to his stall
It struck the claimant in the face, blinding him in one eye
Principle-
Willis and Ryal- that fools and mischievous persons must answer for consequences which common sense would unhesitatingly attribute to their wrong doing
DPP v Haystead (2000)
Man punched a woman in the face twice, baby in arms so she dropped the baby which hit his head
Principle: a battery can be committed ‘indirectly’ where it is via a third party (eg a weapon)
Need for hostility
Since we cannot be expected to go around consenting to every trivial interference with our persons such as being jostled at football match of concert or brushing against someone in a queue, the courts have tried to find some other ingredient to distinguish a battery from legally unobjectionable behaviour
