Battery Flashcards
What is battery?
A battery is the actual intended use of unlawful force to another person without consent
What is the actus reus of battery?
The application of unlawful force
What is the meaning of application in the actus reus of battery?
Battery can be inflicted directly, indirectly or by an omission
What is the meaning of unlawful for the actus reus of battery?
Means the absence of a valid defence such as self-defence or consent
What consent can be implied for battery for daily life?
Consent can be express or implied for inevitable everyday contact
What will amount to force for the actus reus of battery?
- means the merest of touch
- touch doesn’t have to be rude, hostile or aggressive
- touching someone’s clothes is enough
- if harm is more than trivial will be a more serious offence
How can force be applied for battery?
Can be applied directly, indirectly or by omission
What is the mens rea for battery?
The defendant must have an intention to be reckless as to applying unlawful force on another person
What types of injury will amount to battery?
- mere touch
- an unwanted kiss
- a slap
