Chapter 12: Non-fatal offences - Battery

Question 1

What are the 5 offences for non-fatal offences?

Answer 1

1. Grievous bodily harm (serious)
2. Grievous bodily harm (normal)
3. Actual bodily harm (‘mild’)
4. Battery
5. Assault

Question 2

What are the respective statutes for each offence?

Answer 2

Grievous bodily harm (serious)

• Section 18 Offences Against the Persons Act 1861

Grievous bodily harm (normal)

• Section 20 OAPA 1861

Actual bodily harm (‘mild’)

• Section 48 OAPA 1861

Battery

• Section 39 CJA 1988

Assault

• Section 39 CJA 1988

Question 3

What is the overview/big picture of Battery?

Answer 3

1. Summary offence
2. Basic intent crime
3. Intoxication - bad defence (DPP v Majewski; DPP v Beard)
4. Section 37 CJA 1988

Question 4

What is an important thing to note when citing Battery?

Answer 4

Heading must cite both - case law (Battery) and statute (Section 39 CJA 1988)

• Statute does not contain the AR and MR (Fagan v MPC [1968])
• Case law does not contain the sentencing provisions

“Section 38 Criminal Justice Act 1988 - Battery”

Question 5

What is the sentencing/punishment for battery?

Answer 5

• 6 months imprisonment
• Fine
• Or both

Question 6

What 2 authorities state the definition of battery?

Answer 6

Choose 1 -
1. Any intentional or reckless touching without the consent of the person without lawful excuse - AG Reference (No.6) 1986
2. Touching without the consent of the person (Fagan v MPC)

Note

• Doesn’t have to be hostile, rude or aggressive
• As long as unlawful touching without consent (smallest touch also can count)

Question 8

What are the 4 elements of battery?

Answer 8

AR

1. Inflicted unlawful personal force - Fagan v MPC [1969]
2. Battery can be indirect or through medium
3. Touching must be unlawful

MR
1. Intention/reckless - R v Venna [1975]

Question 9

What are the 3 cases for inflicting unlawful personal force - Fagan v MPC [1969]

Answer 9

Collins v Wilcock - Goff J

• There must be physical contact, but no harm needs to be established

R v Day [1845]

• Sufficient enough to constitute battery if D touches/attacks another person’s clothing

DPP v Smith

• Touching hair without consent

Question 10

Which cases show battery indirectly or through medium

Answer 10

Indirect

• Haystead v CC of Derbyshire [2000]

Medium

• R v Martin
• DPP v K

Question 11

Haystead v CC of Derbyshire [2000]

Indirect battery

Answer 11

Facts

1. D punched woman
2. Child fell and hit the ground

Held

1. Hitting the ground was battery
2. Can be done without direct force

Question 12

R v Martin

Battery through medium

Answer 12

Facts

1. D exited theatre with iron bar
2. Turned off the lights and shouted “fire”
3. Several people tripped over it and were crushed against the exit in panic

Held

1. Convicted for battery

Takeaway

• Medium used to indirectly touch

Question 13

DPP v K

Battery through medium

Answer 13

Facts

1. D was doing an experiment with sulfuric acid
2. Went to bathroom
3. D heard footsteps, he panicked and poured it on the V

Question 14

Touching of battery MUST be unlawful. What case states the 3 situations where battery is lawful?

Answer 14

Collins v Wilcox [1984] states -

1. Touching someone to get their attention;
2. Social discourse; or
3. Physical contact in a crowded place (e.g. bus/train) is not unlawful

Question 15

What case states the MR for battery?

Answer 15

R v Venna [1975]

• Battery can be intentional or reckless

Question 16

What is intentional or reckless battery

Answer 16

Intention

1. Direct intent - R v Woolin [1999]
2. Oblique intent - R v Woolin [1999]
3. Foreseeability of risk - Virtual certainty

Reckless

1. Subjective test - R v Cunningham
2. Objective test - R v G & Another [2003]