battery

• Define battery


  Conduct by D which intentionally or recklessly inflicts unlawful personal violence against V
• Case for battery


  Collins v Willcock
• actus reus

  •  applying unlawful force to another person
  • includes any unlawful contact with another
  • can be slightest of touching even of clothing when worn
  • can be indirect act, continuing act or omission
• Thomas


  Can even be touching of clothing when worn. Thomas rubbed a woman's skirt
• Indirect act


  Force doesn't need to be directly appliedDPPv K ( put acid in hand dryer and v injured, D convicted )
• Continuing act


  Fagan v MPC where the AR comes first and followed by MR
• Can be omission


  Where D has a duty and failed ( DPP v Santana Bermudez )
• Mens rea

  • intention to apply unlawful force
  • subjectively reckless as to whether unlawful force applied
  • ( R v savage, R v parmenter )
• Section, max sentence and examples

  • S39 criminal justice act 1988
  • Max imprisonment 6 months
  • Examples ( spitting, cuts , bruises nothing requiring hospital treatment )