NFO: Battery Flashcards
(10 cards)
Define Battery
Battery is the application of immediate unlawful force with the intention to apply immediate unlawful force or being reckless in doing so
Explain force + case example
Any touching of another person it has to be more than the slightest touch
Collins v Wilcock
Wood v DPP
Explain Touching clothing + case example
Touching a persons clothing while they are wearing it is equivalent to touching the person.
R v Thomas
Explain Continuing act + case example
The actus reus of battery can be a continuing act which means D can be guilty if while applying force they realise and form the mens rea.
(Fagan v MPC)
Explain Indirect acts + case example
Proof is required that D inflicted force which can be through a direct or indirect act. Indirect acts are where D has not touched V but caused the force. For example, setting up a booby trap.
(DPP v K)
What is an omission?
Generally there is no criminal liability for failing to act, However if D Voluntarily undertakes duty of care like in stone V Dobinson then there will be.
Creating a dangerous situation
voluntary duty
statutory duty
special relationship
contractual duty
Explain Unlawful + case example
Force may be lawfully applied in some situations:
Lawful arrest
Tapping to get someone’s attention
To protect against a crime
Within sports as you consent to the harm
Explain direct intention
The D may have the main aim desire and purpose to cause v to apprehend immediate unlawful force
Explain recklessness
The D may also be reckless by taking an unjustified risk causing v to apprehend immediate unlawful force
Explain Indirect intention
The D intends on actus reus element obliquely where it is
1. virtually certain to arise
2. The D recognises that it is virtually certain to arise and
3. The jury finds that this amounts to an intention
(R v Woolin and R v Matthews and Alleyne)
