BATTERY

Charged under

S.39 of the criminal justice act 1988

Definition

Application ov unlawful force to another, intending to apply unlawful physicL fkrct to another kr being reckless as to whether unlawful force has been applied

BATTERY 1 Application of force - unlawful contact w V

Direct application of force - physical touch, eg touching clothes/throwing liquid - R v Thomas

Indirect application of force - defendant doesnt personally touch the victim - DPP v K Haystead

Omission- omitting to perform an act rarely a battery - DPP v Santa Bermudez

Continuing act - battery committed through continuing act - Fagan

EXAMPLES

Pushing, spitting, touching clothes whilst person is wearing them, unwanted tickling, grabbing, touching but leaving no injury

BATTERY 2

Unlawful force to another- must be committed unlawfully

BATTERY MENS REA

Intention to apply unlawful physical force to another, OR subjective recklessness as to whether unlawful force is applied. R v Venna - kicking during arrest

CPS charging standards

Different injuries that may be indicative eg grazing, scratches, abrasions, minor bruising, swellings, black eye