Battery

Question 1

Definition and act

Answer 1

Under s39 of the criminal justice act 1988
The application of immediate unlawful force with either intent or recklessness

Question 2

What is force?

Answer 2

Any touching of another person, even the slightest touch can amount to battery (Collins v willcock)

Question 3

What is the rule with clothing?

Answer 3

If the clothing is on the persons body then this can amount to battery (thomas)

Question 4

What is the rule with continuing acts?

Answer 4

The AR of battery can be a continuing act which means D can be guilty while applying the force they form the MR (Fagan)

Question 5

What is the rule with indirect acts?

Answer 5

Proof is required D inflicted force e.g a boobytrap (DPP v K)

Question 6

What is the rule with omissions?

Answer 6

If D owes a DOC to reveal a dangerous situation and they don’t then they can be liable (santa-burmundez)

Question 7

What can be lawful force?

Answer 7

Tapping someone to get their attention

Question 8

What is the mens Rea?

Answer 8

Aim purpose and desire to apply force (mohan)
Recklessness in applying force (Cunningham)