battery

Question 1

fagan v metropolitan police commissioner point of law (battery)

Answer 1

victim need not be aware that he is about to be hit for a battery
many incidents involve an assault and a battery

Question 2

collins v wilcock

Answer 2

a battery can be from even the slightest touch

Question 3

r v thomas

Answer 3

school caretaker was not guilty if indecent assault in rubbing the bottom of a 12 year old girls skirt however it was stated obiter that touching the bottom of a woman’s skirt was equivalent to touching the woman herself

Question 4

r v braham

Answer 4

d was suffering from his mental health and forced his wife to eat tinned peas mixed w leaves from the garden. the fact that he is motivated by affection will not stop it from being a battery

Question 5

r v haystead

Answer 5

d punched a woman twice in the face while she was holding her 3 month old baby causing her to drop it. he hit his head on the floor and d was convicted of battery against the child

Question 6

dpp v santa - bermudez

Answer 6

policewoman asked before searching d if he had an sharp objects, he said no but had a needle in hitch caused her to bleed. failure to tell her amounted to battery

Question 7

r v venna

Answer 7

d convicted of abh after fracturing w bone in a policewoman’s hand whilst being arrested. he appealed that recklessness was insufficient mens rea for battery. held recklessness is sufficient mens rea for battery

Question 8

point of law for r v venna

Answer 8

recklessness is sufficient mens rea for battery

Question 9

point of law for dpp v santa-bermudez

Answer 9

a battery can be an omission

Question 10

point of law for r v haystead

Answer 10

a battery may be an indirect act

Question 11

point of law for r v braham

Answer 11

a battery can be committed even where defendants thought their behaviour was affectionate

Question 12

point of law for r v thomas

Answer 12

force doesn’t have to be applied to the victims body, their clothes may be enough