battery

what is the full charge for battery

Battery section 39 criminal justice act 1988. is a summary offence and is punishable by a maximum of 6 months in prison.

what is the definition of Battery

intentionally or recklessly applying unlawful force to the victim.

what is the Actus reus of Battery

the application of unlawful force to another person.

what cases show how much force is sufficient for battery

collins v wilcock- the police officer was committing a battery by holding her arm- only the slightest tough is enough force for a battery.

Thomas - even touching clothing is enough- rubbing the bottom of a woman’s skirt whilst she was wearing it amounted to applying unlawful force.

what case shows that it applies to the police as well

Pegram v DPP - it is lawful for a police officer to make moderate acceptable physical contact with another person to attract their attention.-however, if an officer is physically detaining someone without intending to attest ect will be an assault.

what case shows that battery can be indirect

Martin- the defendant placed an iron bar across the doorway of there and switched of lights.

Haystead v Derbyshire- D had punched the mother of a child who then dropped the child. - D was found not guilty as battery did not require direct application.

a case example where battery can be indirect like a booby trap

DPP v K- D, a school boy, took sulphuric acid without permission to try its reaction on toilet paper. he then hid it in the hand dryer where it sprayed and injured V.- force need not be directly applied.

what is the mens rea of battery

intentionally or recklessly applying unlawful force to another