Battery

Cards (8)

  • Charged under s39 Criminal Justice Act 1988
  • Defined as applying unlawful force to the victim.
  • Actus Reus
    The actus reus of battery is the act of applying unlawful force - no injury is required.
  • Actus Reus
    This can be by the slightest touching (Collins and Wilcock)
  • Actus Reus
    Force can be indirect (Haystead), act can be indirect (DPP v K)
  • Actus Reus
    An omission is sufficient for actus reus (DPP v Santa Bermudez)
  • Mens Rea
    The defendant must either intend (Mohan) or be subjectively reckless (Cunningham) as to applying force on the victim.
  • Causation rules apply.