Battery [Non-Fatal Offences]

Question 1

What is the definition of Battery?

Answer 1

Intentionally or recklessly apply unlawful force onto another (Collins v Willcock)

Question 2

From what section and act of parliament dis the offence punished under?

Answer 2

s39 Criminal Justice Act 1988

Question 3

What are the maximum punishments for a defendant, if charged?

Answer 3

6 months imprisonment or £5000 fine

Question 4

What is the FIRST part of the Actus Reus?

Answer 4

The force must be unlawful. It is lawful if there is consent, implied consent (Wilson v Pringle) or it is in self-defence.

Question 5

What is the SECOND part of the Actus Reus?

Answer 5

There must be significant enough force applied. This can be the slightest of touching (Collins v Willcock). This can be through direct battery, when D touches V or Vs clothing (Thomas), indirect battery, when D doesn’t touch V (Haystead), or as a continuing act (Fagan v MPC).

Question 6

What is the MENS REA of the offence?

Answer 6

Intention, when D wants/desires an outcome (Byrne), or recklessness, when D perceives a risk that an outcome may occur but takes it anyway (Cunningham)

Question 7

What must be discussed AFTER the Actus Reus?

Answer 7

Causation