battery

battery

the intentional application or reckless application of unlawful force upon a victim

battery (offence)

common law offence

summary offence (triable in Magistrate’s Court)

maximum sentence of six months’ imprisonment (s39 of the Criminal Justice Act 1988)

actus reus

application of unlawful physical force

application

need not be direct

DPP v K 1990

unlawful

relates to the presence of a defence (eg self-defence is legally justified)

physical force

any touching will suffice, need not be hostile, rude or aggressive

Faulkner v Talbot 1981

mens rea

intention to apply unlawful physical force or being reckless as to whether force is applied

R v Parameter 1991

R v Lamb 1967

no assault committed because V did not believe the gun would go off

Logdon v DPP 1976

there does not need to be an actual threat for an assault to be committed

Tuberville v Savage 1669

words can prevent an apprehension

Smith v CC of Woking

the basis of her fear was that she did not know what the defendant was going to do next