Battery

Where is battery defined?

in common law

What act is battery charged under?

S39 Criminal Justice Act 1988

what is the actus reus of battery?

applying unlawful force to another person

Which case defines what Battery is?

Collins v Wilcock

What is battery defined as?

any unlawful touching of another person

What point of law was decided in Thomas?

that touching peoples clothes while wearing them amounts to a battery

What point of law was decided in DPP v K?

that battery can be committed via an indirect act

What happened in DPP V K?

D put acid in a hand drier

What point of law was decided in Santana-Bermudez?

that an omission can form a battery

What happened in Santana-Bermudez?

failed to disclose a syringe in his pocket when a police officer patted him down

What is the mens rea of battery?

Intentionally or recklessly applying unlawful force

What happened in Venna?

D violently resisted arrest and was judged to have comitted a battery

What happened in Haystead?

D punched his girlfriend causing her to drop the baby and the D was found guilty of battery against the baby

What happened in Fagan v MPC?

D parked his car on a policeman's foot and then refused to move it