Non- Fatal Offences : Battery

Question 1

Battery Intro

Answer 1

The D (name) may be uilty of committing battery, this offence was created by S.39 of the Criminal and Justice Act 19988. Battery is defined as “intentionally or recklessly applying unlawful physical force to another person.”

Question 2

Battery AR

Actus Reus

Answer 2

The actus Reus for battery is the application of unlawful force.
Firstly, there must be an application of force, this can either be direct or indirect force. Direct force is when force is applied from a person to another as seen in Collins V Wilcock where the police officer grabbed another woman’s arm. Indirect force is when frce is appied thorough the use of an object as seen in DPP V K where the boy had put acid in the hand dryer causing minor burns on another student.

Question 3

Battery AR

Final element of AR

Answer 3

The final element of the AR is that the force applied must be unlawful. This generally means any force that has not been consesnted to. Collins V Wilcock established that there is assumed consent to certain amount of contact in everyday situation, like walking in a supermarket. R V Thomas established that even the slightest contact can amount to Battery even the touching the hem of a woman’s skirt.

Question 4

Battery AR

The AR for battery has been established as all elements are satisfied/not established as ………… is missing.

Question 5

Battery MR

Mens Rea

Answer 5

We must now determine what the D’s MR was when the battery took place. There are 2 ways to do this, the D will either have a direct intention to aplly the force as seen in R V Mohan where the D has a desire for a specific outcome, or where the D was reckless when he applied the force as seen in R V Cunningham where the D forsees a risk of the harm but thakes that risk anyway.

Question 6

Battery Conclusion

Conclusion

Answer 6

To conclude, the D will/will not be guilty of battery because…..