PAPER 1 BATTERY Flashcards
1
Q
What is battery defined as?
A
The application of unlawful physical force
2
Q
What can application be?
A
Direct or indirect (Haystead)
3
Q
How else can battery be committed?
A
Through an omission
4
Q
What is a time when touching isn’t unlawful?
A
Where D has a lawful excuse like self defence
5
Q
What is physical force described as in Cole V Turner?
A
“Least touching in anger”
6
Q
In Colin v Willcock Lord Goff confirmed what?
A
That “any touching of another person, however slight” may amount to a battery.
7
Q
Can it be committed by touching the clothes a person is wearing?
A
Yes (Thomas)
APPLY
8
Q
What is the men’s rea of battery?
A
Applying the force either intentionally or recklessly (Venna)
