Battery

Question 1

Which act?

Answer 1

s.39 of Criminal Justice Act 1988

Question 2

Definition of Battery under s.39

Answer 2

“the application of unlawful force to another, intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied”

Question 3

Elements of Battery

Answer 3

1. Application
2. Unlawful Force

Question 4

1. Application (Types of Battery)

Answer 4

1) Direct battery - application of force, even the slightest touch
> Colins V Wilcock

2) Continuing Act - battery committed through a continuing act
> Fagan

3) Indirect Act - D causes force to be applied, but without actually touching them
> DPP V K

4) Omissions - fairly rare to battery
> santa-bemudez

Question 5

Colins V Wilcock
(direct battery)

Answer 5

policeman touching woman’s arm - not arresting her

Question 6

Fagan
(continuing act)

Answer 6

Told to pull over by police, ran over foot, refused to move car off

Question 7

DPP V K
(indirect act)

Answer 7

D hid sulfuric acid in hand dryer, next person to use it was sprayed with acid
- aquitted as didn’t intend to hurt anyone

Question 8

Santa-bermudez
(omission)

Answer 8

D failed to inform police officer performing search of the needle in pocket when asked

Question 9

2. Unlawful force

Answer 9

-V didn’t consent
-D may be able to use Consent or self defence as defence

Article 3 of European Convention on Human Rights = cannot Torture (A V UK)

Children’s Act 2004 = battery committed on a child by parent is unlawful if it leaves marks

Question 10

MR of battery

Answer 10

Intention to apply unlwful force
Or
Recklessness as to the application of unlawful force

D must realise there is a risk that the act/omission could cause unlawful force

(normal MR Cases apply)