Battery s.39

Question 1

AR

Answer 1

D applies unlawful physical force to V; this can be direct or indirect (Collins v Wilcock)

Question 2

D’s act/omission

Answer 2

Battery can only be committed by omission where D has a duty to act (Santana-Bermudez)

Question 3

Applies (4)

Answer 3

o The battery can be applied indirectly without touching
o Martin - blocking theatre door + shouting fire + audience crush each other in panic
o DPP v K - acid hidden in hand drier + sprayed out into Vs face
o Haystead - D punched a woman causing her to drop her baby

Question 4

Unlawful (2)

Answer 4

o something is unlawful if it is not consented to/the feared touching is unwanted
o there is implied consent to everyday touching –handshake/hugs/jostling in crowded place

Question 5

Physical touch (2)

Answer 5

o Any touching of another person no matter how slight (Collins v Willcock)
o Touching a person’s clothes is equivalent to touching the person (Thomas)

Question 6

MR

Answer 6

Direct intention, oblique intention or recklessness to apply unlawful physical force to V, D need not foresee any injury (R v Venna)

• DI: D has the direct purpose of applying unlawful physical force to V (Mohan)
• OI: D foresees that applying unlawful physical force to V is virtual certainty (Woollin)
• R: D realises unlawful physical force may be applied & takes risk anyway (Cunningham)