Battery

Question 1

What is the AR of battery

Answer 1

The application of unlawful force on v

Question 2

What is the MR of battery

Answer 2

Intention or subjective recklessness as to the application of unlawful force

Question 3

What was held in Faulkner v Talbot

Answer 3

There is no need to prove har or pain, and a mere touch can be sufficient

Question 4

What was held in Collins v Willcock

D resisted arrest and charged with assaulting a constable

Answer 4

Whilst in law any unlawful touching could amount to a battery, everyday allowances for the exigencies of everyday life had to be made. No harm or Pain

Question 5

What was held in Thomas-Direct application of unlawful force
(D grabbed a 12 year by the skirt and was charged with indecent assault (now sexual teaching). Touching someone’s clothes was the same as touching them)

Answer 5

The slightest touch constitutes a battery, even if no application of ‘force’ occurred

Question 6

What was held in DPP v Khan-Indirect application of force

D put acid in a hairdryer

Answer 6

This amounted to battery as there was indirect force applied. Someone was bound to use the hand dryer

Question 7

What was found in Fagan-There must be an act

Answer 7

It can be direct or indirect but battery cannot usually be committed through omission