Non-fatal Offences - Battery

Question 1

Actus Reus of Battery

Answer 1

Applying Unlawful Force

Question 2

R v Thomas

Answer 2

‘Force’ = slightest or lightest touch is all that is required

Question 3

Wilson v Pringle

Answer 3

Force is unlawful when it is hostile

‘Hostile’ = unwanted and beyond the ordinary jostling of everyday life

Question 4

DPP v K

Answer 4

Force can be applied indirectly

i.e. through an object

Question 5

DPP v Santana Bermudez

Answer 5

Battery can be committed by an omission

(when D has a duty to act arising from creating a dangerous situation)

Question 6

Mens Rea of Battery

Answer 6

DIRECT: intent to apply unlawful force to another e.g. Mohan

RECKLESSNESS: recklessness about applying unlawful force to another (D realises the risk of applying unlawful force but continues regardless)
e.g. Cunningham