Battery

• What is the actus reus for battery?

  The application of unlawful force to another person
• What is the meaning of face for battery?

  Force is misleading as can include slight touching. Touching to attention is acceptable but physical restraint isn’t. Touching a persons clothing can also amount to force as it is considered part of the person. 
• What cases can be used to define force for battery?

  Collins v Wilcock: The D was a police officer and tried to detain the V who was a prostitute but she resisted and harmed him/.There was no arrest warrant so she was entitled to free.

  R v Thomas: D touched the bottom of the V’s skirt and rubbed it. Classed as part of her
• Can battery be done by an indirect act and use a case?

  Can be done through an indirect act.

  DPP v K: The D was a teenager who took acid from science to the bathroom. He hid it in the hand dryer and when someone used it, it burnt them and left permanent scars. It was a booby trap.
• Can battery be done by a continuing act and use a case?

  can be done by a continuing act

  Fagan v MPC:  D ran over police officers foot by accident but then refused to remove it. He developed the MR after the AR
• Can battery be done by an omission and use a case?

  Rarely amount to a battery but can

  DPP v Santa Bermudez: A police officer was searching to defendant and the D said he had no sharp objects on him . She was then stabbed by a needle which caused bleeding. The D’s failure to inform her could amount to battery
• What is the mens rea of battery?

  Intention or reckless as to the application of unlawful force on another