Battery Flashcards
Battery
Defined by Lord Steyn in R v Ireland as the “unlawful application of force by the D upon the V…intentionally or recklessly as to the force applied”
Application of force
There must be some force, touching is enough.
Thomas- Caretaker charged with indecent assault after touching the hem of a school girl’s skirt. Decided that if you touch clothing whilst a person is wearing it, this is equivalent to touching them.
The force can be a continuing act: Fagan- D accidentally drove over policeman’s foot (AR but no MR) didn’t move when asked (MR now present)
Faulkner v Talbot- force “need not be necessarily hostile, rude or aggressive”
(Unlawful) force
Force can be direct or indirect
DPP v K- schoolboy hid acid in hand dryer and V came in and used it causing him permanent facial scars
Haystead- D punched someone holding a child, causing the child to fall. D guilty of battery under the principle of transferred malice.
Omission is rare but can be battery
DPP v Santa Bermudez- Policewoman asked D if he had any sharp objects on him before searching him and being injured by a needle in his pocket which he failed to mention.
Lawful vs unlawful
Collins v Wilcock- Policeman guilty of battery of V who was soliciting, he wasn’t arresting her yet physically restrained her to get her attention (similar to Wood v DPP)
Pegram- Police officer took hold of V’s arm to get his attention and warn him he may be about to cimmit a public order offence. Court stated D was acting in the execution of his duty so no battery.
Everyday examples of lawful force:
-Implied consent in normal social situations
-Tap on the shoulder to get attention
-Jostling on public transport
-Buming in crowded corridors
Mens Rea
Intention to apply unlawful force to another, or recklessness as to whether such force will be applied.
