Battery

• comes from s39 of the criminals justice act
• it is a summary offence, so only triable in the magistrate court
• carries a sentence of 6 months or a fine of 5,000 or both
• Battery is the application of unlawful force to an individual with either intent to apply physical force or recklessness as to wether it is applied
• The first part of the AR is application
• Application includes the slightest of touching as in R V Thomas
• It was said that touching individual to gain attention was allowed as in R V Wood
• A case which shows the unlawful application is Collins V Wilcock
• Application can be through both a continuing act and an indirect act
• a continuing act case is Fagon V Metropolitan police
• Indirect means you don't have to physically touch the V as seen in both R V Martin and DDP V K
• Can also be done through an omission as seen in DDP V Santaburmudez
• Pt.2 of AR is unlawful force. This means that it was not in self defence of another or yourself. if individual gives consent may not be liable
• The MR is either intention to apply unlawful force to recklaceness as to whether force will be applied
• In terms of recklaceness, the D must know that there was a risk but continued to do it anyway as seen in R V Majeweski where he was intoxicated