Battery- paper 1

Question 1

Where is battery found

Answer 1

common law

Question 2

Actus reus of battery

Answer 2

Applying unlawful force to another person

Question 3

What is considered ‘force’

Answer 3

The slightest touch

Question 4

Rule about touching a person’s clothing

Answer 4

It is an extension of their body

Question 5

Case to show force

Answer 5

R v Thomas-
A school caretaker grabbed the hem of a 12-year-old girl’s skirt

Question 6

What is considered ‘unlawful’ force

Answer 6

-Contact must be proved to be hostile.
-Unwanted and beyond the ordinary jostlings of everyday life.

Question 7

Case to show force as unlawful

Answer 7

Wilson v Pringle-
D, a schoolboy, in fun grabbed a bag from V’s shoulder causing V to lose his balance and fall over.

Question 8

4 ways of applying force

Answer 8

-Continuing Act
-Indirectly via an object
-by an omission
-directly

Question 9

Case for applying force through continuing act

Answer 9

Fagan v MPC-
D committed battery on a PC by parking car on his foot accidentally, but when the officer asked him to move he refused.