Battery (done) Flashcards
What type of law does a battery come from?
Common law
What is a battery?
A battery is the application, intentionally or recklessly, of unlawful force to another
What is the actus reus of a battery?
The actus reus of a battery requires D to apply unlawful physical force to V (Fagan)
What are the 2 things which must be proved to apply the actus reus of a battery?
1) Did D apply force
2) Was V overly sensitive
How do we prove if D applied force?
There is no set definition of force but it is well established that D does not have to cause an injury (Thomas)
How do we prove that V was not overly sensitive in a battery?
The courts will not sympathise if the V is overly sensitive to everyday jostling (Collins v Wilcock)
What are the 3 specific issues in the actus reus of a battery?
1) Clothing
2) Indirect battery
3) Omission
Can touching of Vs clothing amount to a battery?
Yes as it may amount to touching the actual person (Day)
Can indirect force amount to a battery?
Yes the application of indirect force would amount to an indirect battery (DPP v K)
Can an omission amount to a battery?
Yes if D has a duty to act (Fagan)
What must be proved after the actus reus of a battery?
Causation must be shown in fact and in law (Pagett/Jordan)
What is the men’s Rea of a battery?
The men’s Rea of a battery is direct intention (Mohan) or subjective recklessness (Cunningham) to apply unlawful physical force to another (Venna)
What is direct intention in a battery?
It is D’s main aim or purpose to apply unlawful physical force to V (Mohan)
What is subjective recklessness in a battery?
Where D arguably realised the risk of applying unlawful physical force to V but took that risk anyway (Cunningham)
What is the max sentence for a battery?
The max sentence is 6 months in prison pursuant to s39 Criminal Justice Act 1988
What order is the answer plan for a battery?
1) Briefly refer to incident and offence
2) Define the actus reus
3) Apply the actus reus
4) Explain and apply causation
5) Define the men’s Rea
6) Apply men’s Rea
7) Conclude liability
8) Refer to max sentence
