Battery AO1

Section and Act?

Section 39 Criminal Justice Act 1988

Definition?

D intentionally or recklessly applies an unlawful physical force to another.

Actus Reus?

D applies an unlawful physical force

Meaning of force? What can it include?

Force is the slightest touching (Collins V Wilcock. Touching of clothes (Thomas)

Force can be…

Indirect- D doesn’t need to directly touch V (K)

Battery can be a…

Continuing act- ongoing and persistent (Fagan)

Can it be committed by an omission?

Yes (Santa Bermudez)

Mens Rea?

Intention or recklessness as to the unlawful force.

Mohan: ‘a decision to bing about the prohibited consequence’

Recklessness is…

Subjective (Cunningham). D realises there is a risk, they might take the risk and pursue an unlawful physical force anyway.

Reform Proposal?

Law Commission 2015

Suggested changing it to ‘physical assault’

Would separate assault & battery as people think an assault is physical