non fatal offences - battery

Question 1

definition of battery

case

Answer 1

common law offence

case
IRELAND
intentionally or recklessly applies physical force to another
recognised in S.39 CRIMINAL JUSTICE ACT 1988
Summary offence only. max sentence 6 months imprisonment and/or fine

Question 2

1st step and definition

cases

Answer 2

1st step and definition
AR-was there force?
force can be slight. v does not have to suffer any pain or injury. typically injuries are minor bruising, grazing, small cuts

cases 
COLLINS V WILLCOCK
any touching of another person, however slight, may amount to battery
THOMAS
touching clothes amounts to battery

Question 3

2nd step and definition

cases

Answer 3

2nd step and definition
AR-was the force unlawful?
some force may be lawful
- if victims consent to force
sports such as rugby
surgical procedures, visit to dentist
- everyday physical contact
implied consent in normal social situations e.g. tapping someone on the shoulder
COLLINS V WILLCOCK
all those who move about in society have given implied consent to physical contact of ordinary life

but if contact exceeds what is generally held to be acceptable- force may become unlawful e.g. shaking hands with someone, squeezing hard.

Question 4

3rd step and definition

cases

Answer 4

3rd step and definition
AR - ( indirect batteries)
battery can be inflicted indirectly - d causes force to be applied even though he doesn’t touch the victim

cases 
DPP V K
battery can be indirect 
HAYSTEAD
man punched women who dropped baby- battery on baby - d used women to injury the baby ( also transferred malice)

Question 5

4 step

case

Answer 5

4th step
MR- did d intend or was he subjectively reckless to apply force

case
VENNA
intend or SR to apply force to another
- don’t need any intent or SR for harm - only the unlawful force