S39 Common Assault: Battery Flashcards
What is the definition of battery?
The application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied.
What is the actus reus of battery?
The application of unlawful force to another person.
Evaluate the word “force” within the actus reus.
It is slightly misleading as it can include the slightest touching.
What is not accepted as “force”?
- Touching a person to get his attention.
What is accepted as “force”?
- Physical restraint.
- Touching a person’s clothes.
What did the Court of Appeal say in regards to touching a person’s clothes?
“If you touch a person’s clothes while he is wearing them that is equivalent to touching him.”
What acts can a battery be committed through?
A continuing or indirect act.
How can an omission constitute battery?
If the defendant is under a duty to care - such as a contract, relationship, the assumption of care for another or from the creation of a dangerous situation.
In what circumstances can force be deemed as lawful?
- If the victim gives his consent.
- If it is used in self-defence.
-If it is used to prevent a crime. - In the correction of a child by a parent.
When is using force in the correction of a child by a parent unlawful? What act stated this?
If it results in any injury, according to The Children Act 2004.
When can battery occur without an assault?
When the victim is unaware that unlawful force is about to be used.
What is the mens rea of battery?
Either an intention to apply unlawful physical force to another or recklessness as to whether unlawful force is applied.
What is the test for the mens rea of battery?
The defendant must realise there is a risk that his act or omission could cause unlawful force to be applied to another
