Non-fatal offences- BATTERY

Question 1

WHAT IS A BATTERY?

Answer 1

D must intentionally or recklessly apply unlawful force to V: COLLINS V WILCOCK.

Question 2

COLLINS V WILCOCK?

Answer 2

D’s act or omission applies unlawful force to V, force can include the slightest touching, but not the ordinary ‘jostling’ of everyday life.

Question 3

THOMAS?

Answer 3

The unlawful force doesn’t have to be applied to V’s body; touching his or her clothes ay be enough, even if V feels nothing.

Question 4

DPP V SANTANA-BERMUDEZ?

Answer 4

A battery can be committed by omission, but only if D is under a duty to act.

Question 5

MENS REA OF BATTERY?

Answer 5

Must be either intention or recklessness as to applying unlawful force to V: VENNA.