Battery

What is the definition of battery?

‘ An unlawful application of force either intentionally or recklessly’

What’s the case for battery?

Collins V Wilcock

What are examples of implied lawful force?

• Jostling in crowded places

• Handshakes

• Back slapping

• Tapping to gain someone’s attention

What can be a battery?

Any touching

What is direct force?

D directly touches V- mere touching is enough

What is the case for direct force?

R V Thomas

What is indirect force?

D does something to cause V to suffer from unlawful force

What is an example of indirect battery?

DPP V K

Can an indirect battery be done by omission?

This can be done by omission

Whats the case for an indirect battery being done by omission?

Santana-Bermudez

What is the CPS charging standards for battery?

• Grazing

• Scratches

• Abrasions

• Minor bruises

• Swelling

• Reddening of the skin

• Black eye

What is the mens rea for battery?

D must either intend to apply unlawful force or have been reckless as to whether unlawful force was applied

What does battery protect?

Protects peoples personal bodily integrity

What is an example of when battery protects peoples bodily integrity?

R V Thomas

What does Lord Goffs criteria reflect?

Reflects social realities of modern life-stops the floodgates

What can Magistrates do the sentence at the end of a trial if the D is guilty?

Increase/decrease the sentence at the end of a trial if guilty

How is battery unfairly labbelled?

It sounds worse than it is

What is the disadvantage of CPS making charging standards?

Arguably have too much power to set guidelines

What is bizarre that assault and battery have the same maximum penalties?

As they are very different- battery requires any touching