Non-Fatal offences - Battery Flashcards
What is battery ?
Battery has no statutory definition however the definition and all elements of the offence are set out in case law
What is the punishment for battery ?
Maximum 6 months imprisonment is set out in statute under s.39 criminal justice act 1988
What is the definition of Battery ?
The application of unlawful physical force on another
What are the AR’s of Battery ?
- Application
- Continuing act
- Touching of clothing
What are the MR’s of Battery ?
- Intentionally
2. Recklessly
Explain what is meant by application and what was held in the case of DPP v K
It was held in he case of DPP v K that unlawful force can be applied without directly touching the V
What was held in the case of R v Haystead
The court held that the D has effectively used the women as a weapon to injure the baby and was held liable
Explain what is meant by a continuing act and what was held in the case of Fagan v MPC
There can be battery where a person accidentally applies force on another but then wrongfully refuses to withdraw it.
This happened in the case of Fagan v MOC where he drove onto the foot then realised but remained there.
What is meant by touching of clothing and what happened in the case of R v Thomas
Touching of clothing amounts to battery as in the case of R v Thomas where the D touched the V’s skirt.
Explain the MR for battery
A person intentionally or recklessly applying force to another
