2. battery

definition of battery +case

physical interference with or invasion of the claimaints body or person

buxton lj in [home office v wainwright and another 2001]

3 steps to battery

1. intention to apply unlawful force

2. that is direct and immediate

3. for which D has no lawful justification

1. intention (4) +5 cases

• intention must be voluntary, the application of force cannot be done by an omission [fagan v met 1969] / [gibbon v pepper 1965]

• it can also be satisfied by subj. reck.

• d need only intend the application of force not the following consequence [wilson v pringle] / [williams v humphrey 1975]

• transferred malice applied [livingstone v MoD 1984]

fagan v met 1969

car on policemans foot did not move when asked - intention

gibbon v pepper 1965

horse was spooked causing injury - done by omission not voluntary

wilson v pringle 1986 +quote

no battery no intent just horseplay ‘ there must be intentional touching’

williams v humphrey 1975

pushed c into pool - still intent to touch

livingstone v MoD 1984

v shot in a riot not to intended v but still a bat. transferred malice

2. unlawful touching (1 + case)

it must not go beyond ‘physical contract which is generally acceptable in the ordinary conduct of daily life’ [collins v wilcock 1984]

collins v wilcock 1984

unlawful touching in arrest - scratched arm

3. direct and immediate force (3 +4 cases)

• can be an indirect act [dpp v k 1990]

• direct includes actions that are without intervention from D’s act [haystead v dpp 2000]

• must be immediate but time gaps may be allowed in context to the claim [dpp v k 1990] [scott v shepherd 1773]

dpp v k 1990

hand drier

haystead v dpp 2000

punches women holding baby and baby injured - uninterrupted act = bat

scott v shepherd 1773 +key words

squib case the original thrower charged with trespass the other who threw weren’t ‘free agents’

4. lawful justification

defences include:

consent

necessity

self-defence