Battery

Question 1

Battery introduction/ definition

Answer 1

• D may have committed a Battery
• Battery is defined by Lord Goff in Collins vs Wilcock as ,”The actual infliction of unlawful force

Question 2

Part one of actus reus of battery

Answer 2

Touching- Lord Goff, “Any touching, however slight, may amont to a battery”.
- Side Rule- Clothing (Thomas)
- Side Rule- Indirect touching (Martin)

Question 3

Part 2 of actus reus of battery

Answer 3

The touching use be unlawful. Wilson v Pringle defines unlawful as “Hostile or aggressive”
- Causation issues here

Question 4

Mens Rea of Battery

Answer 4

The intention (Mohan), or recklessness (Cunningham), to inflict unlawful force.(Venna)
-Transferred malice or coincidence rule goes here