Battery

What is Battery?

The application of unlawful physical violence, direct or indirect, with intention or recklessness as to the application of unlawful physical force

Actus Reus

The application of unlawful physical force, direct or indirect

Application of Physical Force

Any physical contact can be a battery, no need to prove harm or pain

Colins v Wilcock

A mere touch can be sufficient

R v Haystead

Force can be applied directly or indirectly

Unlawful Force

Violence is unlawful unless there is lawful reason for inflicting it (consent, self-defence, police officer arresting suspect)

Mens Rea

Intention or recklessness as to the application of unlawful physical force

Intention

A decision made by D to bring about a prohibited consequence; it is a deliberate act

Intention (Case)

R v Mohan

Recklessness

A conscious risk

Recklessness (Test)

Cunningham Test


1. D realised there was a risk
2. D decided to take the risk anyway

What Act is Battery Under?

S39 Criminal Justice Act 1988

What is the Maximum Sentence for Battery?

6 Months Imprisonment

What Type of Offence is Battery?

Summary Offence