Battery Q2

Question 1

Introduction to Battery

Answer 1

• S.39 Criminal Justice Act 1988.

- Intentionally or recklessly apply unlawful force.

Question 2

Apply unlawful force

What are the three ways?

Answer 2

• There is contact with V but he suffers no harm or pain.
• Lack of Consent
• Slightest touch
• Indirect force

Question 3

Slightest touch

Answer 3

Slightest touch:

Collins v Wilcock: the contact only has to be “any touching of another person, however slight.”

Question 4

Lack of Consent

Answer 4

LJ Goff: when D comes into contact with V, there must be a lack of consent from V.
Goff outlined everyday situations where consent would be implied, as long as the force was reasonable, e.g. jostling in a crowd, handshakes etc.
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Question 5

Indirect

Answer 5

Haystead: D hit a woman who dropped the child she was holding. D had committed battery against the child because he did not have to directly touch V to be guilty.

Question 6

Mens Rea

Answer 6

• Intention or subjective recklessness to apply unlawful violence (Venna).
• Then choose which mens rea applies (direct, oblique or reckless) AND APPLY IT.