Battery template

Question 1

Likely offence

Answer 1

D is criminally liable for common battery which is a summary offence triable in the magistrates court as set out in S.39 of CJA 1988

Question 2

actus reus

Answer 2

the AR is unlawful physical contact caused by direct touching, R v Thomas or indirect touching R v Martin. Injuries are merely trifling

Question 3

application of actus reus

Answer 3

by what D did to V (write what it was) D caused unlawful physical contact

Question 4

Mens rea for battery

Answer 4

A person is guilty of common battery if he intentionally or recklessly make any unlawful application of force to the body, Fagan v MPC.
D would be subjectively reckless if he sees the risk his actions could cause but continues with the actions anyway

Question 5

application of mens rea

Answer 5

D actions were intentional or subjectively reckless because…

Question 6

conclusion

Answer 6

D has the AR and MR for battery which is a summary offence triable in the magistrates court