Battery

What act is the offence of battery charged under?

S39 of Criminal Justice Act 1988

What is the max sentence for battery?

6 months

What is the definition of battery and what case does it come from?

D unlawfully inflicts force on V whether intentionally or recklessly ( Collins V Wilcock)

What case provides a definition for battery?

Collins V Wilcock

What do Lord Goff’s guidelines say about unlawful force?

Force will not be unlawful if it is explicitly or impliedly consented to as part of everyday life i.e. handshakes or getting someone’s attention

Is force used in self defence lawful?

Yes

What touching constitutes battery in the case of R V Thomas?

Any touching can be battery even touching the clothes V is wearing

Explain direct force and provide a case

D physically touches V (R V Thomas)

Explain indirect force and provide a case

D does something to cause V to suffer from unlawful force (DPP V K)

What happened in the case of DPP V K?

D put acid in the hand dryer V was using

What case allows battery to be done as part of a continuing act?

Fagan V MPC

Explain continuing act

D forms the mens rea after performing the actus reus

What case allows battery to be committed through omission?

DPP V Santana Bermudez

Is injury necessary for a battery conviction?

No

What case covers the mens rea for battery?

R V Venna

What is the mens rea for battery and what case does this come from?

D must either intentionally apply unlawful force or be reckless to whether unlawful force was applied