Battery

Question 1

1. Offence, act

Answer 1

Common law offence, charge under S39 of CJA 1988

Question 2

2. Def

Answer 2

Application of unlawful force

Question 3

3. Harm

Answer 3

No need to prove that any harm has occurred, even slightest touching v hasn’t consented to can amount (Collins v Wilcock)

Question 4

4. Everyday contact

Answer 4

As long as it is more than everyday contact, can even inc touching clothing (Thomas)

Question 5

5. Omission

Answer 5

Will usually arise from an action (Fagan v MPC) but can be omission where D is under duty to act (DPP v Santa Bermudez)

Question 6

6. Does force have to be direct?

Answer 6

Force can be app directly where D has personal contact with V, e.g. by punching them or using a weapon, or indirectly (Haystead)

Question 7

7. Intent or recklessness…

HINT: DEF

Answer 7

… as to apply unlawful force to v

Question 8

8. Direct intent OR subjective recklessness

Answer 8

So, must be ADP (direct intent —> Mohan) or must realise the risk of this and yet still go ahead to take that risk (subjective recklessness (Cunningham))