AR - Battery

Cards (14)

  • What are the three elements of the actus reus of battery?
    Application, Unlawful, Physical force
  • What is the 'application' element of the actus reus of battery?
    The 'application' can be indirect it need not be direct
  • What is a case for 'application'?
    DPP v K
  • What is the 'unlawful' element of the actus reus of battery?
    Where there's no defence OR there is implied consent
  • What is the case for implied consent for battery?
    Collins v Willcock
  • What is implied consent for battery?
    In some situations there is an implied consent to 'touch' as long as the force is no more than necessary
  • What are examples in Collins v Wilcock where force is lawful and would not amount to a battery?
    Lawful arrest, self-defence, ordinary physical contacts of everyday life, Tapping another
  • What is the 'physical force' element of the actus reus of battery?
    The slightest touching will amount to a battery
  • What case states that the slightest touching will amount to a battery?
    Collins v Wilcock
  • What is the actus reus of battery?
    The application of unlawful physical force
  • What does Collins v Wilcock tell us about Battery?
    The slightest touch can amount to a battery and in some situations there may be implied consent to 'touch'
  • What case tells us that touching a person's clothing whilst they're wearing it is a battery?
    Thomas
  • What case tells us that a battery does not need to be direct?
    DPP v K
  • What does the case of "DPP v K" tell us about an application for battery?
    It need not to be direct