the application of unlawful force to another person, intending either to apply unlawfulphysicalforce 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
subjectiverecklessness as to whether unlawful force is applied