Battery Structure

Question 1

Identify and define?

Answer 1

Battery is found in common law and charged under S39 of the Criminal Justice Act 1988.

Question 2

What is the actus reus of battery?

Answer 2

Applying unlawful force on/to another person.

Question 3

First element - Force

What can be battery

Answer 3

Collins v Wilcock/R v Thomas- force can be via the slightest touch - all that is required

Wood v DPP - holding arm

Insignificant injuries - scratches, grazes, reddening of skin, black eye, minor bruising

Question 4

Second - Unlawful

Answer 4

When it’s hostile (unwanted and beyond the ordinary jostlings of everyday life).
Wilson v Pringle - not

Question 5

Third - Application

Answer 5

Can be direct (DPP v K) or indirect such as via an object or even a booby trap (R v Martin).
Battery can also arise from a continuing act (Fagan v MPC) or from an omission after failing to act under a duty (Santana-Bermudez)

Question 6

Mens rea for battery?

Answer 6

Intention or recklessness to apply unlawful force on/to another person.

Direct - R v Mohan
Recklessness - R v Cunningham - realises the risk of applying unlawful force but continues regardless

DPP v Majewski - drunk - reckless