Battery

Definition of battery

A battery is an unlawful application of force either intentionally or recklessly (Collin V Wilcock)

What are the cps guidelines of what battery is?

Grazing, scratching, abrasions, minor bruising, black eye, swelling

What are the strengths of battery as a non-fatal offence?

• Protects people’s personal bodily integrity

• Lord Goff’s criteria reflects social realities of modern life.

What are the weaknesses of battery as a non-fatal offence?

• Not fairly labelled -sounds worse than it actually is

• Too wide of an offence

• The CPS arguably have too much power to set guidelines.

• It’s bizarre that assault and battery have the same maximum penalties despite the fact their very different.

What is the difference between direct battery and indirect battery?

Direct battery - D directly touches V (merely touching is enough ) (R V Thomas)-touching hem of a dress

Indirect battery- causing the physical application of force without direct touching (R V Haystead) (DPP V k)

This can be done by omission (DPP V Santa -Bermydez)