Battery Flashcards
1
Q
Definition
A
“the actual infliction of unlawful force” Lord goff in Collins v Wilcock
2
Q
stage 1 actus reus
A
Touching- “any touching, however slight, may amount to a battery” (Lord Goff Collins v Wilcock)
side rule- clothing- touching the victims clothes whilst they are wearing them is almost like touching the victim (Thomas)
side rule- indirect battery is still a battery (Martin)
3
Q
stage 2 actus reus
A
the touching must be unlawful (hostile or aggressive) Wilson v Pringle
-Causation issues-
4
Q
mens rea
A
the intention (mohan) or recklessness (cunningham) to inflict unlawful force on the victim (venna)
- transferred malice or coincidence rule-
