battery

Question 1

battery

Answer 1

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

Question 2

application of unlawful force

Answer 2

• even the slightest touch can be battery

Question 3

R v Thomas

Answer 3

touching of a girls skirt

Question 4

Collins v Willcocks

Answer 4

police officer held a woman’s arm to prevent her from walking away.
Any touching may be battery - touching a person to get their attention was acceptable, but physical restraint was not

Question 5

this must be unlawful

Answer 5

Pegram v DPP - D was protesting and police were trying to keep them away from the public. D punched policeman in the face and claimed it was accidental. Any person who assaults a constable on duty is guilty of an offence

Question 6

continuing act

Answer 6

battery can be committed through a continuing act

Question 7

Fagan v Met police commission

Answer 7

D, unkowingly, stopped his car on a policeman foot and refused to move when requested.
actus reus of assault can be an ongoing act so that the complete offence is committed when D forms the mens rea

Question 8

indirect act

Answer 8

where the D causes force to be applied - without actually touching them

Question 9

DPP v K

Answer 9

D put acid in a hand dryer to hide it - next person to use it was sprayed with acid
indirect act can be AR for battery

Question 10

omissions

Answer 10

omitting to an act is rarely battery but can be seen to be in… Santa Bermudez

Question 11

santa-bermudez

Answer 11

D failed to tell a police woman that he had a needle in his pocket. She was injured when she searched him
so an omission is sufficient for AR of battery

Question 12

mens rea

Answer 12

intention to apply unlawful physical force to another OR recklessness as to whether unlawful force is applied.
D must realise there is a risk that his act (or omission) could cause unlawful force to be applied to another