Battery

• Introduction:

  A batter is a common law offence but is charged under S.39 Criminal Justice Act 1968

  Defined as 'intentionally or recklessly applying unlawful force to another.'
• Actus Reus for battery:

  Force: any touching the V does not consent to

  • more than everyday touching ( Collins V Wilcock )
  • touching V's clothing can be battery ( Thomas )

  Applying: can also be indirect e.g. throwing something

  Unlawful: the force must be unlawful but can be seen as lawful if it is due to self-defence/crime prevention or consent has happened
• Mens Rea for battery:

  Mens rea for battery is 'intention or recklessness as to the application of unlawful force'

  Intention: D's aim or purpose( Mohan )

  Recklessness: D recognised the risk and took it anyway( Cunningham )