Battery

Question 1

Battery Definition

Answer 1

“Application of unlawful force by the defendant upon the V”

Common Law
Charged under s.39 Criminal Justice Act

Question 2

Battery Actus Reus

Answer 2

Application of unlawful force

Question 3

Battery Mens Rea

Answer 3

Intention to apply unlawful physical force to another or recklessness as to whether force is applied .

Question 4

Battery AR - Application

Answer 4

Application - force projected onto the victim

DPP v K - Acid in hand dryer - Force need not be directly applied

DPP v Santan-Bermudez - D failed to inform a police officer of needle in his pocket - application through creation of dangerous situation to the V

Fagan v MPC - D drove onto V’s foot - AR and MR can be part of a continuing act

Question 5

Battery AR - Unlawful

Answer 5

Unlawful - how lawful the application of force was onto the victim

Collins v Wilcock - D scratched a police officer who was detaining them - No battery as there was no consent to being grabbed

Question 6

Battery AR - Upon the Victim

Answer 6

Upon the victim - the force must be aimed at a V

R v Day - D came into contact with V’s clothing - contact with clothing is a battery

Question 7

Battery MR - Intention

Answer 7

Intention - It was the D’s aim to bring out the consequences of their actions

R v Mohan - D drove onto policeman’s foot - No assault as the D did not aim to bring out the results of that action

R v Cunningham - D tore gas meter off wall - Battery can be committed under subjective recklessness of ones actions.