battery

Question 1

opening para

Answer 1

• s39 criminal justice act 1988 although not defined
• max sentence 6 months prison level 5 fine
• defined in Ireland; Burstow as application of unlawful physical force on another
• no requirement of pain or injury
• any touching whatsoever, indirect, omission where there’s duty to act, isn’t unavoidable everyday touching

Question 2

AR 1

Answer 2

colins v wilcock - any touching of another person however slight may amount to battery.
Thomas - touching persons clothes is same as touching person themselves
can also be battery when d accidentally applies force but fails to remove it - Fagan v Mac

Question 3

Indirect battery

Answer 3

still contact but indirect - eg throwing

• Martin - bar on theatre door and shouted fire
• dpp v k - application of force need not be directly applied
• haystead - physical contact to vs body not needed

Question 4

battery via omission

Answer 4

• battery can be caused by omission only when there’s duty to act - Santana-bermudez

Question 5

must not be unavoidable everyday touching

Answer 5

• colins v wilcock
• brown and others - hostility necessary element here.
  must be done with ill will.

Question 6

mens rea

Answer 6

intention/subjective recklessness as to application of unlawful physical force on another. venna

• intention/recklessness only for force itself, not for any harm caused
• can be satisfied under transferred malice - Latimer/mitchell