Battery

Statute and section of battery

• 3.39 of the Criminal Justice Act 1988 - summary offence

Definition of battery

• Inflicition of unlawful force unto another, with intention or recklessness to apply unlawful force to another.

Actus reus for battery

• Infliction of unlawful force unto another

Mens rea ror battery

• Intention or recklessness to apply force unto another

Why is ‘force’ misleading?

• As it can also include the slightest touching - Collins v Wilcock

Infliction of force - AR

• The offence of battery requires proof that the defendant has actually inflicted personal violence unto a victim. This can be done directly, or indirectly.

Direct force - AR

• Force can be directly applied to a victim, and has been held to be sufficient to even their clothes - R v Thomas

Indirect force - AR

• Where D causes force to be applied, even though they dont actually touch the victim is held to be sufficient enough - DPP v K

Omissions - AR

• Battery is rarely an omission, but has been held to be so in the past - DPP v Santa-Bermudez / failing to alert officer needle was present in pocket during search.

A contuinuing act - AR

• Things can become battery, even if initially an accident, but continue the infliction of force - Fagan

Unlawful force - AR

• The infliction of force MUST be unlawful, i.e not consensual or not pertaining to certain legal scenarios like police searches for example.

An intention to apply unlawful physical force unto another - MR

• R v Venna