TRESPASS TO PERSON - BATTERY

Question 1

WHAT IS BATTERY??

Answer 1

INTENTIONALLY BRINGING ABOUT A HARMFUL OR OFFENSIVE INTERFERENCE WITH ANOTHER PERSON WITHOUT CONSENT
(COLLINS V WILCOCK)
…ACTUAL INFLICTION OF UNLAWFUL FORCE ON ANOTHER PERSON

Question 2

ELEMENTS OF BATTERY

Answer 2

• FORCE
• DIRECT
• INTENT

Question 3

INTENTION

Answer 3

ACT OF FORCE MUST BE VOLUNTARILY
(LETANG V COOPER)
…CONFIRMED IN (IQBAL V PRISON OFFICERS ASSOCIATION)

Question 4

BATTERY MAY BE STILL COMMITTED EVEN IF ORIGINAL ACTION WAS UNINTENDED AS LONG AS DEFENDANT STILL AT A POINT INTENDED TO APPLY FORCE

Answer 4

(FAGAN V METROPOLITAN POLICE COMMISSIONER)

Question 5

INTENTION CAN MEAN ONE OF TWO THINGS

Answer 5

• DEFENDANT HAS COMMITTED VOLUNTARY ACTION
  (WILLIAMS V HUMPHREY)
• DEFENDANT INTENDED A CONSEQUENCE
  (LIVINGSTONE V MINISTRY OF DEFENCE)

Question 6

DIRECTNESS

Answer 6

THIS ELEMENT IS INTERPRETED FLEXIBLY.
(SCOTT V SHEPHERD)

Question 7

FORCE

Answer 7

UNWANTED PHYSICAL TOUCHING INCL EVEN THE SLIGHTEST TOUCH
(COLE V TURNER)…
LEAST TOUCHING OF ANOTHER IN ANGER WAS SUFFICIENT TOUCH

Question 8

FOR FORCE TO BE (UNLAWFUL)

Answer 8

IT HAS TO EXCEED WHAT IS REGARDED AS PHYSICAL CONTACT WHICH IS GENERALLY ACCEPTABLE IN THE ORDINARY CONDUCT OF LIFE
(COLLINS V WILCOCK)

Question 9

EXTRA ELEMENT?? HOSTILITY

Answer 9

THIS CAME FROM THE ELEMENT OF FORCE WHICH IN (COLE V TURNER ) REFERRED TO ANGER INTERPRETED TO MEAN HOSTILITY
(WILSON V PRINGLE)

Question 10

CRITICISM OF HOSTILITY

Answer 10

• THE WORD HOSTILITY HAS NOT BEEN DEFINED
• IN (Wilson v pringle) ADDING HOSTILITY SHOWED THAT FORCE HAD TO HAVE SOME FORM OF ILL-WILL BUT THE COURT WENT ON TO SAY THAT IT DID NOT MEAN THAT
• (it’s not practicable)
• many situations can still be considered as a battery and there would be no hostility like an out-of-hand prank and a surgery that gets carried out without patients’ knowledge
• current position of hostility is in (R V BROWN) where defendant’s actions were unlawful and therefore hostile
• although other academics see hostility as without consent

Question 11

DEFENCES

Answer 11

• CONSENT
• SELF DEFENCE
• NECESSITY

Question 12

DEFENCE OF CONSENT

Answer 12

• EXPRESS CONSENT
• IMPLIED CONSENT (O’BRIEN V CUNRAD)
  -CONSENT FOR SPECIFIC ACT
  (NASH V SHEEN)

Question 13

CONSENT IN SPORT

Answer 13

PLAY WITHIN THE NATURE OR SPIRIT OF THE GAME NOT OVERLY-AGGRESSIVE NATURE
(R V BILLINGHURST)
excessive violence is no consent
(CONDON V BASI)

Question 14

CONSENT FOR MEDICAL TREATMENT

Answer 14

A battery can be committed in 4 ways
- treated against their will
- consent for one type of treatment but receive a different one or extra treatment
- given treatment without being told of the consequences
- agrees to treatment after being given incorrect information

Question 15

A PERSON OF SOUND MIND CAN GIVE OR REFUSE CONSENT…

… EVEN IF ITS IN AN EMERGENCY SITUATIONS

Answer 15

(MS B V NHS HOSPITAL TRUST)

(SCHLOENDORFF V SOCIETY OF NEW YORK HOSPITALS)

Question 16

DOCTORS SHOULD PROVIDE OPTIONS ON THEIR MEDICAL PROCEDURES

Answer 16

(BIRCH V UCL HOSPITAL NHS FOUNDATION TRUST)

Question 17

LAWFUL TO DISCONTINUE MEDICAL TREATMENT FOR A PATIENT THOUGH DEATH IS AN INEVITABLE OUTCOME AS ITS NOT IN THEIR BEST INTEREST TO CONTINUE TREATMENT

Answer 17

(AIREDALE NHS TRUST V BLAND)

Question 18

SELF-DEFENCE

Answer 18

(COCKROFT V SMITH)

Question 19

DEFENCE OF NECESSITY

Answer 19

defence can be used where the defendant’s actions are justified to prevent greater damage to the defendant or to someone else.

(F V WEST BERKSHIRE HEALTH AUTHORITY)