Battery

• Define Battery

  D applies unlawful force to V with intent or recklessness to do so.
• 1. Force

  Unwanted touching + touching of clothing can be battery (R v Thomas)

  Slightest of touching can be battery (Collins v Wilcock)/(Wood v DPP)
• 2. Application

  Battery may be committed through a continuing act (Fagan).

  Battery may be committed through indirect act (R v Martin)/(DPP v K)/(Haystead)

  An omission can give rise to battery (Santana Bermudez)
• 3. Unlawful?

  Use of force against children is unlawful (A v UK)
• 4. Battery MR

  D must intend or be subjectively reckless as to whether V is put in fear of immediate unlawful personal violence.

  Recklessness - D must have realised risk of putting V in fear and gone on to take that risk.

  Subjective - D must realise risk that his act could cause unlawful force to be applied.

  Assault/Battery are crimes of basic intent (DPP v Majewski)