Battery

• Definition

  • Unlawful application of force by defendant upon the victim
  • Section 39 of Criminal justice act 1988
• Actus reus

  1. Application (DPP v K)
  2. Unlawful (Collins v Wilcock)
  3. Physical force (R v Thomas)
• Application

  • (DPP v K)
  • Indirect act
  • In limited circumstances where there is a duty to act, can be committed through an omission
• Unlawful act

  • Collins v Wilcock
  • If the D has a lawful excuse to use force the actions will not amount to battery

  Includes:

  1. Reasonable punishment of a child
  2. The victim consents
  3. D acts in self defence or defence of others
  4. Where implied social consent applies
• Physical force

  • R v Thomas
  • Any touching is suffice + doesn't need to be a high level of force
• Mens rea (same as assault)

  1. Intention (direct/oblique) = immediate, unlawful fear in the victim that he might suffer some harm
  2. Subjective recklessness = knowing there was a risk + taking it anyway
  3. The mens rea can be transferred such as in the case of R v Latimer