Battery Flashcards
Definition of Battery:
An unlawful application of force directly or indirectly upon another or their belongings causing injury or offensive contact.
What is direct battery?
Case?
The application of unlawful force even the slightest of touches
Collins v wilcock: police officer grabbed woman’s arm to stop her walking off, woman scratched her but police action itself amounted to battery, so no one was charged.
There must be an unlawful force case:
Pegram: Police grabbed Ps arm to get their attention, they smacked officer, P was convicted.
It must be a continuing act case:
Fagan: was in a car, when police officer approached he accidentally rolled over foot, when made aware he didn’t move
What is indirect battery?
Case?
Where D causes force to be applied without actually touching them
DPP V K: teen took acid from lab, put in hand dryer damaged Vs face, guilty.
What is an Omission causing battery case?
Santa-Bermudez: D didn’t tell officer needle in pocket when searched, officer was stabbed D smirked. Guilty
What is the men’s rea of battery?
The criminal intention element, ie knowing it will cause harm.
