Week 5- Assault Battery s61,59,60

Question 1

Definition of Battery in Darby (2004) NSWCCA

Answer 1

….a battery is the actual infliction of unlawful force

Question 2

Principle in Fagan (1969) UK QB James J

Answer 2

Battery cannot occur via ommision

Continuing infliction of unlawful force

Use of weapon or instrument

Question 3

Actus Reus of Common Law Battery

Answer 3

Act causing infliction of force/violence that is unlawful,without lawful justifcation eg. without consent

Question 4

Principle in DPPv JWH (unreported, NSWSC, 17 October 1997)

Answer 4

‘the offence of battery involves the actual infliction of
unlawful force on another,

Force is not
unlawful if it falls within what may be regarded as an
incident of ordinary social intercourse such as patting
another on the shoulder to attract attention or pushing
between others to alight from a crowded bus…

Hulme J noted ‘… the clothes a person is wearing are
regarded as so intimately connected with the person that to
touch the clothes is regarded as touching the person

Spititng can constitute as battery/infliction of force