LAW - CRIM - BATTERY

whats the definition of battery

the application of unlawful force to another person with an intention 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

what is unlawful force

unlawful force is any intentional or reckless touching of another person without the consent of that person and without lawful excuse

what are some examples of lawful excuses

• self defence

• prevention of a crime

• parents moderate and resasonable pinishment of their kids

• consent

what does the case of collins v willcock tell us about unlawful force

events: policeman grabs womans arm to question her, policeman convicted battery

principle: even the meres touch without consent or lawful excuse can constitute battery

what case tells us about battery and clothing

case: r v thomas

eventsman grabs womans skirt, convicted of battery

principle: court ruled touching another persons clothes whilst they were wearing them effectively counted as touching them therefore applying unlawful force - constituting battery

can battery be committed without assault

yes , if the victim is unaware that unlawful force is about to be applied to them

• eg if a man sneaks up behind someone and punches them - thats battery without assault

• assault requires the victim to apprehend the infliction of immediete unlawful force

whats is the mens rea for battery

with an intention to apply unlawful physical force to another or recklessness as to whether unlawful force is applied

for a battery to be caused by subjective recklessness what does the d have to know

• the defendant must realise their is a risk that their act could cause unlawful force to be applied to another

whats the principle around intoxication and recklessness

• if the d is intoxicated when committing the actus reus they are considered to have the mr of recklessness

what case rules on intoxication and recklessness

case : r v majewski

events: d very drunk , fight people , attack police

principle : law lords rules that becoming intoxicated was a reckless course of conduct - therefore enough for mr of subjective recklessness

does the d have to physically touch the victim for the AR of battery

no battery can be caused by an indirect act - for example of booby trap

what case shows battery by an indirect act

case: dpp v k

events: boy hide acid in hand dryer , other kid use hand dryer injured by acid , convicted of abh

principle: battery can be caused by an indirect act , d does not have to physically touch victim

can battery be caused by an omission

yes, but only if the defendant has a duty to act

for example in the case of dpp v santa bermudez the d had a duty of care as he had created a dangerrpis situation

outline case of dpp v santa bermudez

events: police officer searching man, ask if any sharp objects , d said no , police injured by needle in pocket

ruling: d’s failure to tell her of needle constituted AR as he had created a dangerous situation an his omission to take reasonable steps to prevent harm being caused by this constituted the AR of battery

what is the punishment for battery

• summary offence , 6 months imprisonment

• 2 year if racial

what does the case of fagan v met police tell us

battery can be committed by a continuing act so the complete offence is commited when d forms the mens rea