Battery Non Fatal

Question 1

How is battery defined

Answer 1

To intentionally or recklessly apply unlawful force to another

Question 2

Actus reus (application of force)

Answer 2

Touching is an application of force
R v Thomas

Question 3

Force applied must be …

Answer 3

Unlawful
Collins v wilcock

Question 4

Exceptions for an offence of battery

Answer 4

-implied consent in normal social situations
- tap on the shoulder to get attention
-jostling on public transport
-bumping in corridors in college

Question 5

Battery can be indirect

Answer 5

DPP v k
Havstead

Question 6

Mens rea

Answer 6

Intention to apply unlawful physical force
Or
Recklessness that the force will be applied

Question 7

Key things to remember

Answer 7

• Purley an application of force
• can be merely contact so long as unlawful
• no requirement for V to suffer any injury or harm
• if D applies unlawful force with either intent or recklessnees he is guilty