Battery

What is battery charged under

S39 criminal justice act 1988

Actus reus

Application of unlawful force

Element 1

Application

Case for the slightest touch

R v Thomas

Case where touching is acceptable as long as it’s not more than necessary

Collins v wilcock

Case where application can be a continuing act

fagan v mpc

case where battery can occur from omission

DPP v Santa Bermudez

Case where battery can be committed by an indirect act

Haystead v cc of Derbyshire

Case where D places a trap and doesn’t touch victim but it can be battery

DPP v UK

Case where everyday jostling isn’t battery

Wilson v Pringle

Element 2

Unlawful force

Force must be…

Unlawful

Case where it can be assault if a police officer detains a person using violence without intent to arrest

Pegram v DPP

Act where child punishment is unlawful if it results in injury

S58 children act 2004

Men’s rea can either be

Intent to apply unlawful force or have subjective recklessness

Case for direct intent

R v mohan

Case for subjective recklessness

R v venna

Case where recklessness requires D to have an appreciation of the risk

R v spratt