Battery

• Battery is defined in common law
• The actus reus of battery is applying unlawful force
• The elements that make up the actus reus

  1. D applies force
  2. That force is applied unlawfully
• R v Thomas [1985]


  1. Force is the slightest touch
  2. Touching someone’s clothes is the same as touching their body
• What is meant by unlawful force?

  Force that is applied with hostility.
• Wilson v Pringle [1987]


  Hostile = unwanted or aggressive.

  Ordinary jostlings of everyday life would not be unlawful force
• Ways force can be applied

  1. Directly
  2. Indirectly
  3. Continuous act
  4. Omission
• Fagan v MPC [1969]


  Force can be applied via a continuous act.
• DPP v K [1990]


  Force can be applied indirectly (via an object)
• DPP v Santana-Bermudez [2003]


  Force can be applied by an omission.
• What is the mens rea of battery?

  Applying unlawful force intentionally or recklessly.
• R v Mohan [1975]


  Direct intent is when D aims to bring about the consequence.
• R v Cunningham [1957]


  Recklessness is when D realises a risk but continues regardless.