OCR law - battery

Cards (7)

  • what is battery?
    the application of unlawful force to another person, intending either to apply unlawful physical force to another or being reckless as to whether unlawful force is applied
  • AR of battery
    application of unlawful force to another person.
    force is a misleading word, as it can include:
    the slightest touching- collins v wilcock
    touching a victims clothing- r v thomas
    wood v DPP
  • Continuing act
    battery may be committed through a continuing act
    Fagan v metropolitan police commissioner
  • indirect act
    battery can also be committed through an indirect act
    DPP v k
  • omission
    omission is rare
    DPP v santa-bermudez
  • battery without an assault
    can be battery without assault
    can occur when the v is unaware that unlawful force is about to be used on them
  • MR of battery
    either:
    an intention to apply unlawful physical force to another
    or
    subjective recklessness as to whether unlawful force is applied