NON FATAL OFFENCE - Battery

Question 1

Definition for Battery

Answer 1

• Common law offence
• IRELAND- intentionally or recklessly applies unlawful physics force to another
• S.39 Criminal Justice act 1988
• Summary offence - maximum sentence of 6 months imprisonment

Question 2

First step of Battery

Answer 2

Actus Reus- FORCE

Question 3

1. Actus Reus - FORCE

Answer 3

• Force can be slight

Question 4

Cases for Force

Answer 4

• COLLINS v WILLCOCK - any touching of another person however slight may amount to battery
• THOMAS- touching clothes amounts to battery

Question 5

Second step for Battery

Answer 5

Actus Reus - UNLAWFUL FORCE

Question 6

2. Actus Reus - UNLAWFUL FORCE

Answer 6

• without consent from V

- If contact exceeds what is held to be acceptable then the force may be unlawful

Question 7

Cases for unlawful force

Answer 7

• COLLINS v WILLCOCK- all those who move about society have given implied consent to the physical contacts of ordinary life

Question 8

Third step for Battery (not always needed)

Answer 8

(Actus Reus - INDIRECT BATTERIES)

Question 9

3. (Actus Reus- INDIRECT BATTERIES)

Answer 9

• D causes force to be applied even though he doesn’t touch the victim

Question 10

Case for indirect battery

Answer 10

• DPP v K - battery can be indirect

Question 11

Fourth step for battery

Answer 11

Mens Rea

Question 12

4. Mens Rea case

Answer 12

• VENNA- Did d intend or was he subjectively reckless to apply force