Battery Flashcards
What is the Charge?
- section 39 of the Criminal Justice Act 1988
- maximum sentence on conviction of 6 months imprisonment or a £5000 fine
What is the actus reus?
The application of unlawful force on another. Any unlawful physical contact can amount to a battery. - No need to prove harm or pain.
consent- can make force lawful:
Collins v Wilcock 1987
D refused to speak to a policewomen. The WPC took hold of the D’s arm to retrain her. D scratched the WPC’s arm. NOT GUILTY
What is the mens rea?
Can be direct or indirect
- Direct battery is force applied directly by one person to another (e.g. a slap)
-Indirect battery can be applied using an implement or vehicle
A continuing act can be a battery:
Fagan v Metropolitan Police Commissioner 1969
Fagan was sitting in his car when approached by a police officer who asked him to move. Fagan complied but accidentally rolled the car onto the officer’s foot. When told to move the car, Fagan swore and refused, turning off the engine. He was convicted of assaulting a police officer and appealed the decision.
DPP v K 1990
D placed acid in a hot air drier to hide it from teachers. V then used the drier and the acid caused burns on his face (indirect)
HELD: Didn’t turn on the machine himself, knowingly/being reckless that the person would use it was enough
An omission can amount to the AR of battery:
R v Santana-Bermudez 2003
D injured a police officer by allowing her to search him, knowing he had hypodermic needles in his pockets with stabbed her. D denied having any needles or sharps when asked. Failure to tell her created AR through creating a dangerous situation.
R v Thomas
caretaker touched girls skirts- not indecent so not guilty.
Haystead v DPP 2000
Women was punched and dropped her child.
HELD: Guilty of battery against the child.
Mens rea:
R v Venna
D violently resisted arrest for causing a disturbance, fracturing the hand of a police officer in the process. D was convicted with assault occasioning actual bodily harm. D appealed because the judge erred in directing that recklessness in applying physical force was sufficient.
what kind of offence is it?
summary offence
