Knowledge summary

• The D may have committed battery contrary to common law which is a summary offence punished under s.39 of the Criminal Justice Act 1988
• Definition - 'intentionally or recklessly applying unlawful force'
• Actus Reus - application of unlawful force

  1. Unlawful - unwanted touch, not in self-defence, no consent, no implied consent (Wilson v Pringle)
  2. Force - slightest of touching (Collins v Wilcock), direct (Thomas), indirect (Haystead, DPP v K)
• Causation

  1. Factual - but for test (White)
  2. Legal - de minimis 'more than a minor cause' (Kimsey), operating and substantial cause 'most to blame' (Smith)
  3. New Intervening Acts
• Mens Rea

  1. Intention - aim, wish, desire (Mohan)
  2. Recklessness - foresees a risk and proceeds to take it (Cunningham)
• Sentence

  s.39 Criminal and Justice Act 1988

  maximum of 6 months imprisonment and/or £5000 fine