Non fatal offences - battery

Question 1

Definition of battery

Answer 1

• The intentional or reckless infliction of unlawful force

Question 2

Punishment of battery

Answer 2

• S.39 Criminal Justice Act 1988
  o Fine and/or 6 months max

Question 3

Actus reus - infliction of force for battery (9)

Answer 3

• Collins v Wilcock
  o Everyday contact excluded e.g. brushing against someone
• Faulkner v Talbot
  o Touching need not be hostile or rude
• Thomas
  o Touching of clothing e.g. touching bottom of skirt is sufficient for battery
• Lynsey
  o Actual touching is not necessary – spitting at someone is battery
• Ireland
  o Cannot be psychological, must be physical force
• R v Martin
  o Force may be applied indirectly
  o D blocks exits to theatre. Sets of fire alarms and people are crushed and injured trying to escape. D had inflicted the violence on the victims
• DPP v K
  o Indirect application of force
  o 15 year old boy takes acid from science lab into toilets. Hears someone coming and pours acid into hand dryer and planned to come back and clear it up. Someone uses dryer and suffers permanent scarring to face. Although not directly thrown on victim, he still inflicted the force upon the victim
• Fagan
  o Force can be carried out by an object
  o Parked car on foot so was battery
• DPP v Santa Bermudez
  o D is searched by police officers and asked to empty pockets and asked if sure all pockets are emptied. He agrees. Police officer starts to search and pricks finger on needle – D starts to smirk. Court decides that there was a battery.
  o Where someone acts or uses words or combination of two exposes another to serious risk of injury, we have basis for an offence

Question 4

Mens rea for battery (2)

Answer 4

• Venna
  o Reckless o its own is sufficient does not need to also be intentional
• Savage, Parmenter
  o Must be subjective recklessness – must be aware of risk of harm and carry on regardless