Battery

Question 1

What is the key difference between battery and common assault?

Answer 1

Battery involves the actual application of unlawful personal force, while common assault involves only the apprehension of such force without physical contact.

Question 2

What constitutes the actus reus of battery?

Answer 2

The actus reus of battery is the application of unlawful force to another person. Physical contact, however slight, is sufficient—no injury is required.

Question 3

Can battery be committed through indirect means?

Answer 3

Yes. Battery can be committed indirectly, such as by setting a trap or using an object to make contact with the victim

Question 4

Is physical injury necessary to establish battery?

Answer 4

No. Battery only requires that unlawful force was applied; the presence of physical injury is not required.

Question 5

What is the mens rea for battery?

Answer 5

The defendant must either intend to apply unlawful personal force or be reckless as to whether such force will be applied.

Question 6

What does recklessness mean in the context of battery?

Answer 6

Recklessness means that the defendant was aware of the risk that unlawful force would be applied and proceeded anyway.

Question 7

What legal charge applies when unlawful force is actually applied during a minor altercation, but no injury occurs?

Answer 7

The appropriate charge would be battery, not assault or more serious offences under the Offences Against the Person Act.

Question 8

Does the degree of force matter when determining liability for battery?

Answer 8

No. Even minimal or non-injurious physical contact can amount to battery if it is unlawful.