BATTERY Flashcards
1
Q
What is the Actus Reus of battery?
A
Application of unlawful force
2
Q
What is the mens rea of battery?
A
Intentionally/ recklessly applies unlawful force
3
Q
Does the force need to be applied directly?
A
no, can be directly (Collins v Wilcock), indirectly (R v Martin) or by an omission (Santa Bermudez)
4
Q
What does force constitute?
A
- Means physical contact or force. The merest touch is enough and doesn’t have to be rude, hostile or aggressive (Faulkner v Talbot).
- Touching someone’s clothes is enough (R v Thomas).
- Where the battery results in harm which is more than trivial, the defendant will be liable for the more serious offence under the s 47 OAPA 1861
5
Q
In what circumstances would force be lawful?
A
self-defence
consent ( Consent can be express or implied consent to inevitable everyday contact (Collins v Wilcock))
