Battery

Question 1

DPP v K

Answer 1

AR - application

Battery need not be direct

Question 2

Faulkner v Talbot

Answer 2

AR - physical force

Touching amounted to a battery

Question 3

Battery plan

Answer 3

Common law offence, summary offence, therefore only triable in Magistrates’ Court

Law - carries maximum prison sentence of six months (under s39 of Criminal Justice Act 1988)

Define - no statutory definition, but Lord Lane stated “an act by which the D, intentionally or recklessly, applies unlawful force to the complainant”
- also defined in R v Ireland

Actus reus:
The application of unlawful physical force
3 components:
Application - need not be direct - DPP v K
Unlawful - related to the presence of a defence
Physical force - any touching will suffice (need not necessarily be hostile, rude or aggressive) - Faulkner v Talbot

Apply….

Mens rea:
Intention to apply unlawful physical force or being reckless as to whether such force is applied - R v Parmenter

Apply….

Conclusion - if all elements are present, battery occurred.

Question 4

R v Ireland

Answer 4

Definition

The intentional or reckless application of unlawful force upon a victim

Question 5

R v Parmenter

Answer 5

MR

D was reckless as he appreciated the risk. It is not sufficient that he should’ve foreseen a risk of injury.