Battery

Question 1

definition

Answer 1

battery is the application of immediate unlawful force with the intention to apply immediate unlawful force or being reckless in doing so

Question 2

force

Answer 2

anything from the slightest touch, any touching of another person, however slight may amount to battery (Collins v Woodcock)

Question 3

touching clothing

Answer 3

touching a persons clothing while they are wearing it is the equivalent to touching the person (R v Thomas)

Question 4

continuing act

Answer 4

the actus reus can be continuing which means D can be guilty if while applying force they realise and form the mens rea (Fagan v MPC)

Question 5

indirect acts

Answer 5

proof is required that D inflicted the force which can be through a direct or indirect act. Indirect acts are where D has not touched D but caused the force. For example, setting up a booby trap (DPP v K)

Question 6

omissions

Answer 6

failure to act when there is a legal duty to do so (DPP v Santa-Bermudez)

Question 7

Unlawful

Answer 7

1. lawful arrest
2. tapping to get someones attention