Battery

• Battery actus reus

  • s39 Criminal Justice Act 1988

  The application of unlawful force on another

  •There need not be any pain/injury.
•  battery actus reus - Collins v Willcock (1984)


  the police questioned a prostitute who refused to answer and walked away.  The policeman grabbed her arm to stop her. 

  Was the police officer committing battery?

  Yes, as he was not arresting her so had no legal right to physically restrain her.
• battery actus reus - thomas(1985)


  the defendant, a caretaker at a school, touched a schoolgirl’s skirt. 

  this was battery because touching someone’s clothes when they are wearing them can amount to battery.
• battery  Can be indirect

  •Haystead (2000)

  the defendant punched a woman who dropped the child she was carrying. Was this battery on the child?

  Yes, caused indirectly by causing the woman to drop the child.
• Battery Mens rea

  •An intention or subjective recklessness to apply force.
• battery mens rea - savage


  threw beer over a love rival. this was battery as she intended to throw the beer which amounted to unlawful force.